Opinion
Submitted May term, 1935.
Decided October 9th, 1935.
The record on appeal clearly establishes the intent of the testator that the printing business, which he devised to his son and two trusted employes, should pass under the will as a going concern, together with a bank account of the business and accounts receivable.
On appeal from the court of chancery, whose opinion is reported in 118 N.J. Eq. 108.
Mr. Michael J. Quigley, for the defendants-appellants.
Messrs. McDonough McDonough (by Andrew V. McDonough), for the complainants-respondents.
The appeal is from a decree construing a provision of the will of John Henry Murphy, deceased, whereby his printing business, the trade good will and fixtures were devised to his son and two trusted employes, one of whom was his brother. The learned vice-chancellor found that the devisees taking the printing business were entitled to a bank account used therein, together with the accounts receivable less the accounts payable. The record before this court clearly established the intent that the business as a going concern, with the bank account and receivables, should pass.
The decree appealed from is affirmed. For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, VAN BUSKIRK, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, JJ. 15.
For reversal — None.