The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-01-28
lis THE TRUST VALID !?
1t Depends on !Whether
Mackenzie Lived in New
Jersey or New York.

An action was commenced before JUS
tice Lawrence in the Supreme Court in
New York yesterday which is Of interest
to we'll known Jersey City people and in
wolves large estate. The action was to
determine whether half million dollar
trust, which was created by the will OF
George r. Mackenzie. President OF the
Singer Sewing Machine Company, was
valid. The question hinges on the resi-
dence of the deceased Mr.. Mackenzie.
Mr.. Mackenzie died on January 9, 1892.
He was seventy years old ana left an
estate valued at about 81, 100000, includ-
ing $500, 900 worth of real estate in New
Jersey and 100000 interest in
the Singer Sewing Machine Com-
pany. Mr.. Mackenzie was bora in
Inverness, Scotland, and came to this
country about fifty years ago. He was
one of the first 10 begin the manufacture
of sewing machines, at which ne amassed
his large fortune. Rebecca Mackenzie,
his wife, died, March 16, 1891. Ten child
rem survived her. One of these children
died before Mr.. Mackenzie.
MIR. MACKENZIE'S WILL.
Mr.. Mackenzie's will was executed in
London, and described the testator as of
Jersey City. AT the time the will was
Mr.. Mackenzie having a residence in
New York State. Mr.. Mackenzie con-
veyed $500, 900 to his sons, Alexander and
Hugh r. Mackenzie, and TO Charles
Elkiu, Peter Alexander and L. Is. East0n
to hold in trust until the rest of his ten
CHILDREN should die. The income was to be
divided equally among the children dur
ing their life time. On the death of
each the principal was to go to his issue
or in default of issue to the remaining
children, This deed of trust WAS exc
cuted in New Jersey, and was conceded
to be valid. Under the will which was
executed July 90, 1887, another trust was
created of 100000, TO be held nnaer the
same condition as the trust deed. All
the trustees except T. B. Easton were
made executors under the will. In form,
the acrion is brought by the executors
against the trustees.
CAUSE OF ACTION.
The action is brought because the
executors did not know whether they
had the right TO turn the half million
over TO the trustees. 1t depends on the
residence of Mr.. Mackenzie. If he re-
sided in New Jersey where the common
law still prevails as to trustees, the trust
of the will would be valid. On the other
hand the lawyers say 1t would be invalid
II he resided in New York State under
the statute preventing II suspension OF
aIlenallOn Ior more tAau oWo AfSo Al
being.
WHERE WAS HIS HOME?
Dr.. Burdith p. Craig, son-in-law of
Mackenzie aud several others, testified
that Mackenzie, for the past nineteen
years of his life considered Glen Spey in
Sullivan County, New York, his home j,
and had spent, he said, three quarters Of
a million dollars on his residence
and grounds there; also that
he had taught "a Sunday
school class upthere, and had held several
public Offices Other witnesses testified
that Mr. Mackenzie considered Jersey
City as his home, and had resided in
Jersey City since his marriage in 1847.
The heirs are seeking to have the trust
declared void, aud Justice Lawrence re-
served bis decision.
A JERSEY CITY NEWS reporter en-
deavored to see Alexander Mackenzie in
this city this afternoon. but WIS told that
he had sailed for Europe today.