New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-11-27
AN INTERESTING LAW QUESTION IN
NEW-JERSEY

the life Of parol agreement Hence If the ineids.G
of vitality can be infused into coutrse. made by word
of uouih anc II the consideration can be proved 70
have paced court OF equity will decree the specific
perform spce OF the CONTRACT One Of the mos. striking
fluctuations OF the vaue OF IN equity court 10 such
case has rececty been furnished In the stats of New
Jeey The novelty of the incidents forms one Of tie
meet Interesting features OF the procecdss bat ~
importance Of the decision VIII everywhere siksst
attention.
Hsnpsh johnson OF Salem county ded IN the yser
1871. leaving two children son and daughter Who b
TOW Mn. Hubben. At the time Of her marriage vita
her husband, Robert johnson she was the owner. In
her right, Of very large ard valuable estate IN
the same County. In copjurc ion with her hubbard,
durr her life time she sold for twenty thousand d.
lars portion Of Der estate, and this money w ex-
pended by the husband in the Improvement Of tAs
property which be held in bis own right. At Asr
death her property wss Inherited BY her two childrsn
liz value being about $50 000 ard according 10 ths
law then in existence in New-Jersey the COO wss
untitled N ,wothrs And his sister ouethird Rat IL
father being tepspt BY the courtesy was 10 posseios
Of this estste Of his wife and continued 10 enjoy h
ren's profits up TO the time Of his deaA In 1885,
Befre bis son came of age the father 60 implanted 10
h m of the urequsl division which the Law had msde
o. tie m Others properly between him and his si,tsr
Ard expressed hi, wishes that when he came of as, -
word ,ensdv thu insous,,v and divide his nroosr,v
sons,lv nth nj. .s,sy n,oU.ino n bs a 40 70 s.,s
~. - equally h.,rs.r NJ. chua,on ". Ala.
.da.aua, hi. sor 5sc;, I'd % Tim. comn,v With h,s
,v;.,s. Re .hou,d feel him.slf bound TO MAKE an
rre,u., fx;.on of hi, avn estate between them ana
T.. ~. ,.-.or r,r.;or % Nj. ss,,h,ar rhs
dan,b,sr VAS nresept on this occasion and exprsssei
...sIs :. ~. o,h.. co.. a.. A..
49, AZ. f.,.., 81 h.,h ~. .,,,s,..
~. ,;,.,s oR.. .ra ,hsrs ,roduc,,o ,hs ,,t,.
"a man. of ,ha;r mo,hsr sst.ts ns vail =. ~
H., a,,,,., od ,o thar, The Ioc.I., and x.l.. n
N. rs.ra.,;x. ,o,t;oo. and ,.ns.t.d nj, -
.., a., 90 ann ,ho,,J a;v;d. ri. mo,h.,,. ....,.
.cr.u, nth bs sister The fa.her then .rreed and
i..J j. n,a.o,.. - HI. d.u,btar tia, n M. ~.
on,a s,.cu,s ,hs necessary aseSs for an cons. nor.
,or Of nj, mothers s.a,e tina. he woud leave an HE
o~r r,ons,,v 70 HI, children eou.llv. share ana
sh.,a alba Hs also declared that IL ths soo re-
t,ssd comnI;anse bs would leave his esssts 10 hin
dsrobtey and that vould make her share In both
80. ,,ors tb., canal 10 the so, In oon.;deratoa
=. az. n,o;,. and .orsso.n, 40 made nv bis father
~. oo,,r,, ,,h ri. f.,ser,. w.bs. ds.as
r,orsrad rrdsr tho fa,h.r,. drsc.;o0s And era.
.,,,s vhan IN. nro,.r oar IVA. introduced IN ,Ake
A. of th. d.sds tha fathar ri
oa.sv wa. 10 enter into .ny miuuts az
Mar alton Of the character Of the deeds as his chdrea
rev all about them. Mutual releases between the
non and DAUGHTER were then executed 10 complste tbs
d;x;s;o, bese paners were dated Septe nber l. 1879
Tn Oc,ober 1895 the daughter conveyed TO her father
mart Of the land released TO her by her brother.
known AZ the Guiuea Farm for the consideration q
Aoo Ooo
30 rh;,h be entirely On. off and ex uded bis sou from
III ~, and n.r.;c;na,;on 4, b;s es,a,e which was
,.,v ,sros ard vauabs gres. norton Of n he ds.
Woo, % his d,u,bter 70, life and At her death 10 her
ot;d,sr n fee or in c.se of their death 10 o,hsr
$4,000. .,.d rha ,ss;dr. IVA. la, % too rsnhsv,
b., no, dSl,, 10 MA .on The .estso, disd the same
80, IT, Cot, ,rs,a h,ouoh, nv b,lI bst,rs Chan.
'.vo, ,y,II;.u.on John.on % uubhslI the brothar
,ha ~. t,,,nsr r,.,;ng TIA, tb. ..,ss.
49,, r.ds an him hv HE father uob, he .neci ,.,,v
=. ,so,msa NV his sister and decree made compelas
r.. 20 him Of ar eou. h,f Of nj. f..b.rs
or Il deemed more equitable and last IN At the
sitter bond he 5ecr,.d 10 re,ouvey 10 her brother the
land wbi,b sbs had received from him as the consdes
alton for tie performance of bis p,rt of the agreement
The fact, were all admitted BY the sister to be a. gves
shoxo
Thu cb,,ceyor declared there could be no doubt
,,., ,.,.on couls make valid Agreement, binding
h..Je ra,.pv % n,.ks nsr.,cul.r disuo.too Of hin
r,ons,,v nv win because the Law permits m an 10
d. noss o, his own proper, a, plessurs; and no good
reason can be assigned WHY he may no, make legsl
agreement to d,pose Of IL to particular individual OF
far na,.eulsr purpose s well by will az by con-
v.,arse. TO be made at rome specified futare period.
or upo the happening of some future event. A mse
4, - 80. -, ;,d,.o a. 10 ~. fine and mn Mar AZ
81, posing Of his property. cour. of equity will de-
,cGc n,,faroance Of An agreement. pre-
xd.s he entered into firly without sar prise mpe-