Supreme Court of New Jersey, 1907

German Pioneer Verein v. Meyers

Supreme Court of New Jersey · Decided June 17, 1907 · Affirmance, Bogert, Denburgh, Dlll, Garrison, Gray, Green, Hendrickson, None, Pitney, Port, Reed, Reversal, Swayze, Trenchard, Vre, Vroom

72 N.J. Eq. 954; 2 Buchanan 954; 67 A. 23; 1907 N.J. LEXIS 310

Cases that cite this one

11 later published cases cite this decision.

Guaranty Trust Co. v. Catholic, C., N.Y. (New Jersey Court of Chancery 1948)
City-Bank Farmers' Trust Co. v. Rideal (N.J. Super. Ct. App. Div. 1948)
Fidelity-Philadelphia Trust Co. v. Jameson (New Jersey Court of Chancery 1946)
Higgins v. Mispeth (New Jersey Court of Chancery 1935)
Delaware Trust Co. v. Delaware Trust Co. (Court of Chancery of Delaware 1953)
Delaware Trust Co. v. Delaware Trust Co. (Court of Chancery of Delaware 1953)
Grebenstein v. St. John's Evangelical Lutheran Ch. (N.J. Super. Ct. App. Div. 1949)
Rowe v. Davis (New Jersey Court of Chancery 1946)
Fidelity Union Trust Co. v. Noll (New Jersey Court of Chancery 1938)
Higgins v. Mispeth (New Jersey Court of Chancery 1935)
Gillespie v. Gillespie (New Jersey Court of Chancery 1924)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

The decree in this ease is affirmed, for the reasons contained in the opinion delivered in the court of chancery by Vice-Chancellor Pitney.

In respect to one matter of fact there is an error in the vice-chancellor’s opinion which, while not of controlling importance upon this appeal, had best be corrected. The vice-chancellor states that the complainant was organized for the purpose of taking over the legacy provided by the will of Raymond Rath, deceased, with which it established the home that bears the name of its founder. The corrected testimony of the only witness who spoke to this subject makes it clear that the complainant was organized as a verein in 1898 before the death of Rath and without any reference to the said provision of his will. The complainant took the Rath fund as a trustee for the purposes named in the will of the settlor, viz., a home for aged Germans. Inasmuch as it is the name and home feature of this trust and not the other verein purposes of the complainant that entitle it to the legacy accorded to it by the decree of the court of chancery, such *955legacy comes into the hands of the complainant to be used exclusively by it for the purposes of such home and not for any of its other more general objects.

The decree is affirmed.

For affirmance—The Chief-Justice, Garrison, Port, Hendrickson, Pitney, Swayze, Reed, Trenchard, Bogert, Vre-DENBURGH, VrOOM, GREEN, GRAY, DlLL—14. For reversal—None.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.