A Suit Over A Will

Brothers Try to Eject a Sister-In Law From Her Home

An interesting case tried at Freehold last week was that of James H. and Benjamin Stilwell of Stillwell’s corner, near Freehold, against Mrs. Stilwell, widow of their brother, John A. Stilwell. The suit was brought to eject Mrs. Stilwell from the farm which she has occupied during the past thirty years and which her husband willed to her at his death.

The case turned upon the construction to be put upon the will of the late Jeremiah Stilwell, father of James H., Benjamin and John A. Stilwell. He died in 1865 and left a farm of 350 acres to be divided equally among his three sons. The will stated that if one of the brothers died without issue his share was to revert to his brothers. Clauses modifying this were made to the will and the matter in dispute was the construction to be put on the ambiguous phrases contained in the will.

The three brothers farmed the place jointly for several years and then the land was divided equally among them. The three brothers married and settled on their respective parts of the farm. John A Stilwell had one son, but he died when he was 26 years old. Mr. Stilwell died in 1898, leaving his property to his wife. His brothers claim that as he died without issue the property should revert to them and the suit was brought to eject their brother’s widow from her property and her home. All the parties to the suit are well advanced in years. The case began on Thursday and was concluded on Friday. Judge Collins directed the jury to bring in a verdict in favor of Mrs. Stilwell, on the ground that she could not be put off the farm until she had received her dower right in the property. Edmund Wilson was counsel for Mrs. Stilwell.

Source: Red Bank Register, Wednesday, Jan 10, 1900