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BROWN v. NEELD

26 N.J. Super. 240 (1953)

97 A.2d 718

J. ASHLEY BROWN, ADMINISTRATOR, ETC., PLAINTIFF-APPELLANT, v. AARON K. NEELD, DEPUTY DIRECTOR, ETC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 12, 1953.

Attorney(s) appearing for the Case

Mr. Robert S. Snevily argued the cause for the appellant (Messrs. Snevily & Ely, attorneys).

Mr. William A. Moore, Deputy Attorney-General, argued the cause for the respondent (Mr. Theodore D. Parsons, Attorney-General, attorney)

Before Judges EASTWOOD, BIGELOW and JAYNE.

The opinion of the court was delivered by BIGELOW, J.A.D.

This appeal presents an interesting question of interpretation of the last will of Clarence Birdsall, who died in 1929. Was the equitable bequest to his daughter, Nina B. Brown, given by the Third paragraph of his will, defeated by her death in 1951? Or had the bequest vested in her indefeasibly? The Division of Taxation concluded that the bequest was indefeasible and was part of Mrs. Brown's estate, and assessed...

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