Opinion
Argued October 27th, 1941.
Decided January 9th, 1942.
In the distribution of personalty under R.S. 3:26-6 and R.S. 3:5-6 et seq., the half blood and whole blood are on an equal footing.
On appeal from the Court of Chancery.
Mr. John Milton, Mr. Harry Lane and Messrs. Townsend Doyle, for the complainants-appellants.
Mr. Martin P. O'Connor, for Westfield Trust Company and Louis Lawrence, substituted administrators with the will annexed of Marie D. Norton, deceased, and Louis Lawrence, individually.
Mr. Arthur R. Lewis, for Stuart Norton Lawrence et al.
Mr. William M. Beard, for Westfield Trust Company, individually.
The decree appealed from will be affirmed for the reasons expressed by Vice-Chancellor Stein, reported in 129 N.J. Eq. 389, in so far as the same lead to the view that the contract sued upon did not comprehend the omission in Keller's will to make final distribution of the two-fourths part of the corpus remaining over after the life estates of Josephine De Ronge and Annie Townsend Ashmore. Supporting citations on the proposition that in the distribution of personalty under R.S. 3:26-6 and R.S. 3:5-6 et seq., the half blood and the whole blood are on an equal footing are: In re Peake, 115 N.J. Eq. 233; affirmed, 116 N.J. Eq. 565; Smith v. McDonald, 71 N.J. Eq. 261; In re Tantum, 97 N.J. Eq. 271; In re Bell, 99 N.J. Eq. 835. For a review of the earlier authorities see In re Zeek, 40 N.J.L.J. 297.
We reserve opinion on the defense of laches. For affirmance — THE CHIEF-JUSTICE, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, COLIE, DEAR, WELLS, WOLFSKEIL, RAFFERTY, HAGUE, JJ. 13.
For reversal — None.