Catherine King Fox, Plaintiff-Appellant v. Myrtle Snow

Summary

The Supreme Court of New Jersey affirmed the lower court, holding that under the third paragraph of Rosa E. Green's will the husband, William L. Green, received an absolute fee simple interest and the subsequent gift over to Catherine King Fox was void. The Court declined to overrule the longstanding rule that a general devise with a power of disposition conveys a fee and invalidates a later gift over, citing the danger of retroactive change. A dissent argued that the rule frustrates the testatrix's intent and should be discarded.