Neiman v. Hurff
New Jersey Supreme Court
93 A.2d 345 (1952)
- Written by Sean Carroll, JD
Facts
F. Earl Hurff (defendant) and his wife, Edith, owned a home as tenants by the entirety and jointly owned certain corporate stock. Hurff killed Edith. Edith’s will left her estate to the Damon Runyon Memorial Fund for Cancer Research, Inc. (the fund). Alberta Neiman (plaintiff), Edith’s executrix, filed a petition with the court seeking the proper disposition of Edith’s estate. The trial court held that because Hurff killed Edith, he held the real property and the stock in trust for both himself and the fund. The trial court ruled that the fund’s interest in each was equal to the difference between the value of the property and the commuted value of the income of one-half of the property based on Hurff’s life expectancy according to the court’s mortality tables. Hurff appealed.
Rule of Law
Issue
Holding and Reasoning (Vanderbilt, C.J.)
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