New Jersey Court of Chancery, 1947

Bolden v. Fidelity Union Trust Co.

Bolden v. Fidelity Union Trust Co.
New Jersey Court of Chancery · Decided March 19, 1947 · BIGELOW, V.C.
51 A.2d 547; 139 N.J. Eq. 514; 1947 N.J. Ch. LEXIS 99; 38 Backes 514 (Atlantic Reporter, Second Series)

Counsel

Mr. Nathaniel Alper ( Mr. Richard B. Mason ), for the complainants. Messrs. Emerson, Emery Danzig ( Mr. Edward J. Brown ), for the defendant.

Bolden v. Fidelity Union Trust Co.

Opinion of the Court

The late William Budd caused life insurance policies upon his life in the sum of $100,000, to be made payable to Fidelity Union Trust Company as trustee. The declaration of trust required the trustee to pay from the principal of the trust fund "to Emma Perry, if in the employ of the donor at the time of his death, for a period of five years from and after the death of the donor the sum of $200 quarterly commencing from the date of the donor's death." The condition that Mrs. Perry be in the employ of Mr. Budd at the time of his death was fulfilled, but she outlived him less than five years. Does the right to the annuity survive?

An annuity with no specified duration, is limited to the life of the annuitant. Byrne v. Byrne, 123 N.J. Eq. 6; 124 N.J. Eq. 273. But in the absence of an indication that the donor intended otherwise, an annuity for a term of years or for the life of another, does not cease with the death of the annuitant. The right to the annuity passes to his personal representative. 3C.J.S. 1378. Harrison v. Marden (Mass.), 10 N.E. Rep. 2d 109; 112 A.L.R. 577. The trustee will be directed to pay the remaining installments to Mrs. Perry's executrices.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.