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the instrument, is thereby made "manifest." * * * [In
re Estate of Munger, 63 N.J. 514, 521, 309 A.2d 205,
209 (1973); citation omitted.]
See also N.J. Stat. Ann. sec. 3B:3-33 (West 1983).
As both parties have argued, New Jersey also has specific
guidelines on will construction. "[C]ourts favor the immediate
vesting of estates and will construe a condition to be subsequent
wherever possible, rather than precedent * * * unless such a
construction would be clearly inconsistent with the intention of
the testator." Fidelity Union Trust Co. v. Egenolf Day Nursery
Association, 64 N.J. Super. 445, 455, 166 A.2d 402 (1960). In
Tizard v. Eldredge, 25 N.J. Super. at 481, 96 A.2d at 691, the
Superior Court of New Jersey stated:
When faced with the question of whether or not a
devise or bequest is absolute or conditional, the
construction making the bequest absolute will be
preferred.
* * * * * * *
Where there is a prolonged period of time
prescribed by the words of the bequest for its
performance, it has been held to create a condition
subsequent. * * *
Where personalty "is devised to a person who is directed to pay a
legacy, the legacy is an equitable charge upon the devise unless
a contrary intention is expressed in the will or can be fairly
implied from its provisions." D'Arcangelo v. D'Arcangelo, 137
N.J. Eq. 63, 68, 43 A.2d 169, 172 (1945). However, the key for
construing wills remains the probable intent of the testator.
"Rules for construing wills are but guides, drawn from the common
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