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KUIKEN v. SIMONDS

3 N.J. 480 (1950)

70 A.2d 740

JENNIE D. KUIKEN, PLAINTIFF-APPELLANT, v. A. GROVER SIMONDS AND MARY M. SIMONDS, INDIVIDUALLY AND AS EXECUTORS UNDER THE LAST WILL AND TESTAMENT OF CHARLES SIMONDS, DECEASED, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Argued December 12, 1949.

Decided January 16, 1950.

Attorney(s) appearing for the Case

Mr. Peter Hofstra argued the cause for appellant (Mr. Joseph J. De Luccia, attorney).

Mr. Milton Schamach argued the cause for defendant-respondent Helen Cole Simonds (Mr. J. Mortimer Rubenstein on the brief).

Mr. William W. Evans argued the cause for the remaining defendants-respondents (Messrs. Evans, Hand & Evans, attorneys).

The opinion of the court was delivered by CASE, J.

We are called upon to construe a will and to consider the equitable doctrine of conversion.

Charles W. Simonds died August 28, 1920, leaving a last will which provided as follows in its third, fourth and final clauses:

"THIRD: I give, devise and bequeath the use and income of all the rest residue and remainder of my estate both real and personal unto my beloved wife Margaret Simonds, together with...

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