Supreme Court of New Jersey

Fidelity Union Trust Co. v. Robert

February 19, 196236 N.J. 561

Summary

The Supreme Court of New Jersey affirmed the Appellate Division’s construction of the Flood will regarding income distribution, but modified its disposition of the corpus, holding that the remaining two‑fourths of the estate must be divided equally between the two surviving grandchildren. The court emphasized that wills are to be construed to effectuate the testator’s probable intent, even if that requires departing from the literal language.