Estate of Hendrickson

324 N.J. Super. 538, 736 A.2d 540 (1999)

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Estate of Hendrickson

New Jersey Superior Court
324 N.J. Super. 538, 736 A.2d 540 (1999)

RW

Facts

Until 1934, New Jersey recognized the ancient, common-law Rule in Shelley’s Case. Wycoff Hendrickson died in 1928. Wycoff’s will bequeathed his farm to his son, Earle Hendrickson, “during the term of [Earle’s] natural life.” Upon Earle’s death, the farm would go to “such person or persons as shall be [Earle’s] sole heir or heirs in land in fee simple.” This curious wording matched language that, in 1909, a court held to have successfully evaded Shelley’s Rule. Earle, who died in 1997, devised the farm to Elizabeth Olson and Nancy Nicholson (plaintiffs). Earle was not related to either woman. Had Earle died intestate, the farm would have passed not to Olson and Nicholson, but to family members who were Earle’s heirs at law (defendants). The New Jersey Superior Court probated Earle’s will.

Rule of Law

Issue

Holding and Reasoning (Fisher, J.)

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