Griffiths v. Griffiths

Counsel

On appeal from a decree of the Court of Chancery advised by Vice-Chancellor Grimshaw, who filed the following opinion:, “The wife of the complainant died in 1941. By her will, in which she named complainant as executor, she devised to complainant the real estate on Brookside Avenue in the Borough of Allendale, Bergen County, which is the subject-matter of this litigation. The real estate had at one time belonged to Joseph W. Griffiths, the complainant, who had transferred it to his wife., “There are two deeds and two agreements. There is a deed from Joseph W. Griffiths, as executor of his wife’s estate, to Selser’s secretary and one from the secretary to Joseph W. Griffiths and Burtis W. Griffiths as joint tenants., “ ‘Whereas, the parties of the Second Part in receiving the transfer of title to the said real and personal property, acknowledge that the true beneficial interest therein shall and will remain in the said Joseph W. Griffiths for and during the term of his natural life, a right of control thereover having been given to the said Burtis W. Griffiths, to be exercised by him for the convenience and accommodation of the said Joseph W. Griffiths and not independent thereof;, “ T. That the said Burtis W. Griffiths and Marjorie I-I. Griffiths, his wife, do hereby receive a transfer of the title to real and personal property made by the said Joseph W. Griffiths to Burtis W. Griffiths, with a full understanding that the'right of control in title vested in the said Burtis W. Griffiths shall and will be exercised consistent with the interest, comfort and convenience of the said Joseph W. Griffiths and not independent thereof., “ ‘3. All the parties hereto agree that they, their heirs, executors, administrators and assigns, shall and will execute and deliver such instruments in the law as may be necessary at any time in the future to effectuate the provisions of this agreement and to guarantee the performance thereof in its each and every element.’, Mr. George F. Losche, for the appellant., Messrs. Ford ,& Taylor, for the respondents.