Opinion
05-28-1928
In re GREENBROOK & NORTH CALDWELL WATER CO.
Reed & Reynolds, of Newark, for guardian of Rodgers. John A. Bennett, of Montclair, for respondent Baldwin. Jacob L. Newman, of Newark, for respondent Hill.
(Syllabus by the Court.)
In the matter of the application of the Greenbrook & North Caldwell Water Company for the appointment of three commissioners to fix compensation to be paid for certain lands of Wm. L. Baldwin and others, condemned for public use. Disposition of fund decided.
Reed & Reynolds, of Newark, for guardian of Rodgers.
John A. Bennett, of Montclair, for respondent Baldwin.
Jacob L. Newman, of Newark, for respondent Hill.
BACKES, Vice Chancellor. The proceeds of land taken in condemnation were paid into court and are about to be withdrawn. The property was conveyed by Ella Oldfield and husband to Annie Rodgers "in trust for John Rodgers" her infant son, August 18, 1921. Mrs. Rodgers conveyed to William L. Corbitt July 1, 1922, he to Ella Oldfield in October, 1922, and Ella Oldfield and husband, to William L. Baldwin August 1, 1926. Charles Hill claims a life estate under a memorandum in writing made by Mrs. Oldfield, unacknowledged, in which, her husband did not join. John Rodgers, Baldwin, and Hill are the claimants to the fund.
The words in the premise of the deed to Mrs. Rodgers "in trust for John Rodgers," though the grant, use, and habendum be to her, her heirs, and assigns forever, impose upon the legal estate a simple trust, equitable in nature, to convey to the son or to his appointee. Polkowitz v. Nash, 87 N. J. Eq. 489, 100 A. 564. The grantee of the trustee took nothing in derogation of the right of the cestui que trust.
The principal contest centered in an attack upon the validity of the deed from Mrs. Oldfield to Annie Rodgers "in trust for John Rodgers." Baldwin claims it was executed in blank and filled in after delivery, and is nugatory. This is not established by any convincing proof, and the presumption of regularity of execution and delivery is supplemented by evidence.
The fund will be ordered paid to the guardian of John Rodgers.