Edward White V Family - Person Sheet
Edward White V Family - Person Sheet
NameEdward WHITE 4th
Birth7 Jan 1905, Philadelphia, PA, USA
Death8 Feb 1975, Demorest, Habersham, GA, USA
FatherEdward WHITE 3rd (1879-1937)
MotherEdna S WRIFFORD (1882-1954)
Marriage25 Apr 1930, Philadelphia, Pennsylvania, USA
No Children
FatherFrank BRUCKER (<1877-1979)
MotherTheresa FUCHS (1882-1957)
Marriage2 Nov 1935, Philadelphia, PA, USA
 Nancy Ann (1951-2013)
Marriage21 Apr 1955, Athens, Clarke, Georgia, USA
No Children
Web Notes notes for Edward WHITE 4th
Lived Philadelphia, PA, Cranford, NJ, & Cornelia, GA.

1910-He is listed in the US Census taken on 15 Apr 1910 at the National Archives, film T624 roll 1397, PA, Phila Co, City of Philadelphia, 23rd Ward, e.d. 474 sheet 2A line 12 as: Edward White, son, white, male, 5, born PA, father born PA, mother born NJ, attended school since 1 Sep 1909, living at 1632 Allergrove St, Phila, with his mother, Edna White, 27, and his father, Edward White, 31.

1920-He is listed in the US Census taken on 3 Jun 1910 at the National Archives, film T625 roll 1625, PA, Phila Co, City of Philadelphia, 23rd Ward, e.d. 646 sheet 1B line 53 as: Edward White 3rd [sic], son, white, male, 14, single, attended school since Sep 1919, can read, can write, born PA, father born PA, mother born NJ, able to speak English, no occupation, living at 1614 Wakeling St, Phila, with his mother, Edna White, 36, father, Edward White Jr [sic], 40, and brother, Wrifford White, 9.

He won some medals at track during high school. He was about 6' tall & weighed about 125 lbs.

He attended Philadelphia Textile School.

1930 - Lancaster New Era (Lancaster, PA), Sat, 26 Apr 1930, p 6:
Wedding in Presbyterian Church, Philadelphia
Edward White IV, of Frankford, PA, and Miss M Frances McIlvaine, Philadelphia, daughter of Mr and Mrs James Porter McIlvaine, Jr, were married Friday evening at 6 o’clock in the Calvin Presbyterian church, West Philadelphia. The ring ceremony was used and the bride, who is well known in Lancaster and vicinity, was given in marriage by her father, J P McIlvaine, Jr.
Mr Wrifford White, brother of the bridegroom, acted as best man, and Miss Ruth Jenkins as bridesmaid and Mr James McIlvaine, III, Mr Davis and Mrs Louis Wiegand as ushers.
After a reception to the immediate families at the home of the bride the couple left on a wedding tour, and after June 1st, will reside at Frankford, PA.

1930 - Edward White married Marie Frances McIlvaine in 1930 in Philadelphia in 1930, marriage license 586804.

1935 - He married Nancy Brucker, his second wife on 2 Nov in Philadelphia. First they lived on 72nd St, Manhattan, NY, between Park and Lexington, in an old brownstone on the upper east side. Then, they moved to Madison Ave between 74th and 75th. Later, they lived in Dunellen, NJ, for about one year, then Cranford, NJ.

1938 - He is listed in the Dunellen, NJ City Directory [contained in Plainfield, NJ Directory] p 921 as:
White, Edw (Nancy) slsmn, h 324 Prospect av

1940 - Listed in the 1940 US Census taken 10 Apr, Cranford, Union County, NJ. e.d. 20-6, sheet 5A, lines 27-28 at 209 Holly St, Cranford, owned his residence, not a farm, worth $16,000:
Edward White, head of household, male, white, 36, married, highest level of education second grade [sic], born Pennsylvania, residence on Apr 1, 1935 New York City, at work the previous week, worked 42 hours a week, a draperies salesman, working for wages, worked 52 weeks in the past year
Nancy White, wife, female, white, 25, married, highest level of education 2 years of high school, born Pennsylvania residence on Apr 1, 1935 Philadelphia, housewife

1940 - He registered for the Draft for WWII on 16 Oct:
Serial #1176, Order #1933, Edward White IV, 209 Holly St, Cranford, Union, NJ, phone: Cranford 6-2183, age 35, born Jan 7, 1905 in Philadelphia, a US citizen, next of kin Mrs Edward White, wife, of same address, employer: Rosemary, Inc at 40 Worth St, NY City, white, 5’11.2”, 136 lbs, blue eyes, brown hair, light complexion

1941 - He is listed in the Westfield City Directory [Cranford], p 420 as:
White Edw IV (Nancy) slsmn Rosemary Inc (NY) h 209 Holly

1942-He is listed in the Cranford Citizen and Chronicle, Thursday, Nov 19, page 2, column 3:
Historians Elect 17 New Members
Seventeen new members were elected to the Cranford Historical Society at a recent meeting . . . The new members follow: . . . Edward White, IV . . .

1944-He is listed in the Westfield City Directory [Cranford], p 447 as: White Edw IV (Nancy) slsmn (NY) h 209 Holly

1947-He is listed in the Westfield City Directory [Cranford], p 508 as: White Edw IV (Nancy) slsmn (NY) h 209 Holly

1948-He is listed in the Westfield City Directory [Cranford], p 170 as: White Edw IV (Nancy) slsmn (NY) h 209 Holly

Sometime after the birth of his daughter, Nancy, he left home and moved to Manhattan with his son. After about a year, he moved to Baldwin, GA for about a year, then to Cornelia, GA, where he lived the rest of his life. He divorced his second wife.

1952-His mother made her will, naming him co-executor with his brother, and after leaving some specific bequests, leaving the bulk of her estate equally to him and his brother.

The Supreme Court of New Jersey. Argued November 8, 1954. Decided November 22, 1954.
Mr. Nathan Reibel argued the cause for the claimant-appellant. Mr. Ervin S. Fulop argued the cause for the defendant-respondent.
The opinion of the court was delivered by BURLING, J.
This is a civil action. The defendant-respondent herein, Nancy B. White, instituted an action for separate maintenance and custody of children against her husband, Edward White, IV (hereinafter referred to as Edward White) (who was not within the jurisdiction, was not served personally and did not enter an appearance) by attachment. Wrifford White, Edward White's brother, claiming ownership of certain real estate which (with the rentals therefrom) was subjected to the attachment on Edward White's property interests in New Jersey, instituted the proceeding from which this appeal stems by a complaint filed to settle his claim to that property. See 4:77-3, formerly Rule 3:72-3 as amended January 1, 1952. The Superior Court, Chancery Division, entered judgment for the plaintiff in attachment, Nancy B. White, defendant-respondent herein. The claimant, Wrifford White, appealed to the Superior Court, Appellate Division. Prior to hearing there we certified the appeal on our own motion. The real estate involved is a three-family dwelling and premises known as 209 Holly Street in Cranford, New Jersey. The property was purchased by Edward White, the defendant in the separate maintenance action, in September, 1938, and was conveyed by him (through a straw party) to himself and his wife, Nancy B. White, in February, 1946. In February 1951 Edward White and Nancy B. White conveyed the premises to Edward White's mother, Edna W. White. The deed of conveyance was recorded in June, 1951. There is evidence that Edward White's money was used for this purchase and for the purchase of the home of Edward White and Nancy B. White on Hampton Road in Cranford which was purchased in Edward White's mother's name and conveyed to him and Nancy B. White ostensibly in exchange for the Holly Street property. Nancy B. White testified that she and Edward White continued to pay the expenses of the Holly Street property after these transfers. They received the rents therefrom and reported the income on their income tax return. No rent money was paid to Edward White's mother. Nancy B. White further testified that her husband had advised her that the transfers were a legal method of avoidance of capital gains taxes on the Holly Street property in the event they decided to sell the same. She also testified to the existence of an unrecorded deed retransferring title to the Holly Street property from Edna W. White, her husband's mother, to Edward White and Nancy B. White. Edna W. White corroborated Nancy White's testimony that Edward White's plan was to avoid capital gains tax. However, she testified on depositions that she, Edna W. White, had expended $3,500 of her own funds for the Hampton Road property (which was worth $21,000 and was encumbered by a $15,000 mortgage) and after the exchange owned the Holly Street property (which was worth about $21,000 and was encumbered by a $6,000 mortgage). Her testimony on depositions is evasive as to the receipt of income from the Holly Street property. She testified that she discussed with Edward White the transfer of the Holly Street property to Wrifford White, but was evasive as to the details and that Edward White collected and kept the rentals thereafter. She evaded questions designed to elicit whether she had reconveyed the Holly Street property to Nancy B. White and Edward White. Edna W. White conveyed the Holly Street property, without consideration, to Wrifford White, a resident of Pennsylvania, on January 9, 1953, and the deed was recorded. The evidence of Edward White's desertion of his wife and children is uncontradicted. No question as to the sufficiency of evidence of desertion or of the need for support is asserted on this appeal. The questions involved on this appeal by Wrifford White, the claimant to the Holly Street property, are (a) whether realty, legal title to which is in a nonresident, may be attached by a resident wife who asserts that her absconding husband has an equitable interest therein, and (b) whether the wife's testimony was erroneously received in evidence to establish that equitable interest against the legal title owner's claim of property.</P The claimant contends that Nancy B. White as the plaintiff in the separate maintenance action had no right to resort to attachment. The pertinent statutory provision is N.J.S. 2 A:34-26, which reads as follows: "When a husband cannot be found within this state to be served with process, his estate, property and effects within this state and the rents and profits thereof may be attached to compel his appearance and performance of any judgment or order which may be made in the action.
Where the proceedings are by process of attachment and the defendant does not appear, the judgment shall be enforceable only out of and against the property attached." The word "property" as used in this section includes "real property" and the legislative will has directed that this term, unless otherwise expressly provided, shall be construed to include "all rights thereto and interests therein." R.S. 1:1-2 (and R.S. 1:1-2, as am. L. 1948, c. 4, sec. 1; L. 1953, c. 4, sec. 1). There is no doubt that the husband's equitable interests may be attached. Insofar as resort to this procedure in separate maintenance actions is concerned, the predecessor statute, R.S. 2:50-40, authorized such actions to be initiated by writs of sequestration. George v. George, 20 N.J. Misc. 41 (Ch. 1941). The amendment by L. 1948, c. 320, sec. 28, merely substituted the writ of attachment for the writ of sequestration in order to conform the statute to former Rule 3:72-6 which declared the writ of sequestration superseded. Cf. R.R. 4:77-7. The legislative purpose is clear that attachment may be resorted to in instituting separate maintenance actions. The revision of 1951 (L. 1951, c. 344) merely reenacted R.S. 2:50-40, as amended, supra, as N.J.S. 2A:34-26, supra, with deletion of procedural matters not necessary to the present consideration of the question whether the process of attachment may be resorted to as initial process in separate maintenance actions.
The claimant buttressed his argument with the contention that where the legal title is in another the equitable interest may not be attached. Our recent decision in Republic of China v. Pong-Tsu Mow, 15 N.J. 139 (1954), is dispositive against the claimant in this respect. Our holding, expressed by Mr. Justice Oliphant, in the Republic of China case, supra (15 N.J. at page 147) was: "In view of the fact that the statute permits the issuance of our writ of attachment on an equitable right it is immaterial in whom the technical legal title may be. * * *
The claimant also contended on this appeal that the attachment was invalid because the statute does not require notice to persons other than the defendant (i.e., the defendant in the principal action, whose interests are attached) who may claim an interest in the property. This question is moot. The claimant did not attack the writ of attachment by motion, but filed a claim to the property, thus submitting himself to the general jurisdiction of the court and waiving the alleged lack of notice. Trautman v. Higbie,10 N.J. 239, 242-243 (1952). Cf. Boice v. Boice, 131 N.J. Eq. 41, 42-43 (1941). However, it appears that no notice to the holder of the legal title other than the service of the attachment on the tenants is required to satisfy constitutional requirements of due process. Wood v. Price, 79 N.J. Eq. 1, 9 et seq.), affirmed 79 N.J. Eq. 620, 621 et seq. 1911). Cf. Pennoyer v. Neff, 95 U.S. 714, 24 L.Ed. 565 (1878); Baltimore &amp; O.R. Co. v. Hostetter, 240 U.S. 620, 36 S.Ct. 475, 60 L.Ed. 829 (1916); Cooper v. Reynolds, 10 Wall. (U.S.) 308, 19 L.Ed. 931 (1870).
The final question involved is whether the trial court erred in permitting Nancy B. White to testify as to the circumstances surrounding the conveyance of the Holly Street property to her husband's mother. The theory upon which this testimony was introduced and received in evidence was that Edward White's mother was a constructive trustee for Edward White and Nancy B. White. The testimony was properly received in evidence under the settled principles expressed upon the theory of constructive trust in Moses v. Moses, 140 N.J. Eq. 575, 577 et seq. (1947). The claimant, Wrifford White, seeks to avoid application of the doctrine expressed in the Moses case, supra, in the present matter upon the premise that Nancy B. White may be barred from relief by virtue of the counter-doctrine that he who comes into equity must come in with clean hands with respect to the transaction involved in suit. E.g., A. Hollander Son, Inc., v. Imperial Fur Blending Corp.,2 N.J. 235, 246 (1949). However, the "clean hands" philosophy is not an arbitrary rule. As Mr. Justice Jacobs said while sitting as judge of the Superior Court, Appellate Division, in Medical Fabrics Co. v. D.C. McLintock Co.,12 N.J.Super. 177, 180 App. Div. 1951):"While the doctrine is firmly rooted and naturally appeals to persons of good conscience, it may well disserve the interests of justice if applied oversensitively or as a rigid formula restraining the Court's just exercise of discretion. * * *"In the present case there is no evidence that either Nancy B. White or Edward White intended or contemplated tax evasion.The evidence is that Nancy B. White at least was informed by her husband that the scheme was a legal plan for lawful tax avoidance. If it were not lawful avoidance of taxes, the fact of its evasive design coupled with Edward White's erroneous instruction to his wife in that regard lends strength to the trial court's determination that this was a step in the deliberate effort of the husband unjustly to deprive his wife of her interest in the property. We are satisfied that the reception of Nancy B. White's testimony under the circumstances of the present case was not erroneous.
For the reasons expressed in this opinion the judgment of the Superior Court, Chancery Division, is affirmed. For affirmance — Chief Justice VANDERBILT, and Justices HEHER, OLIPHANT, WACHENFELD, BURLING, JACOBS and BRENNAN — 7. For reversal — None.

1954-His mother died on 28 Jun. He is mentioned in the estate papers as
Edward White 4th, son, 1322 Wakeling St, Phila, although his son is mentioned as living at Mt View, Baldwin, GA. In fact, he was living in GA, too.

1955-On 4 Apr he bought land in Cornelia, Habersham Co, GA; deed recorded at the Office of the Clerk of the Superior Court of Habersham Co, GA, Deed Bk A-66, p 398. He married his third wife, Mary E Knox, on 21 Apr at the First Christian Church, Athens, GA. They had no children. They designed and built their home on the land he bought.

1973-He made his will on 5 Nov, summarized as:
I, Edward White IV of Habersham Co, GA . . .
1st-pay just debts and all federal and state taxes from estate
2nd-give to son, E5, my Waltham works watch movement #31933540, case #9296502, my diamond ring (6 prong yellow gold, about 1.43 carrots) and Grandfathers clock (7 ft high with mahog. case with Westminster and Whitington chimes by Waltham)
3rd-give to wife, Mary Knox White, all other household and kitchen furniture and other personal property in use in our home and all automobiles
4th-rest of estate divided into 2 portions, portion 1 to be 75% of estate and portion 2 to be 25% of estate
5th-give portion 1 of estate to my wife, Mary Knox White; executor to pay her $400/month from date of death, to be deducted from portion 1 when estate settled; if she predeceases me or we die in a common accident, then give 75% of portion 1 to my son, E5, or if he has predeceased my wife, then to his child or children share and share alike. If he leaves no living child or children, then this 75% of portion 1 shall go to my daughter, Nancy Ann White, or if she is deceased, to her child or children, share and share alike. If my wife predeceasses me or we die in a common accident, then give the remaining 25% of portion 1 to my daughter, Nancy Ann White, or if she has predeceased my wife, then to her heirs, share and share alike.
6th-give portion 2 of estate to my son, E5. If he shall predecease me or die in a common accident, then give portion 2 to his child or children, share and share alike. If he has left no children, then give portion 2 to my daughter, Nancy Ann White, or if deceased, to her heirs.
7th-appoint Cliff Kimsey, Jr, of Cornelia GA as executor, to serve with bond and sureties; alternate executor George Telford of Cornelia, GA.
8th-provisions in my will for my wife are in lieu of dower, year's support, and any other claims she may have against my estate
9th-give certain powers to my executor
Signed 5 Nov 1973 by Edward White 4th; witnesses Alice Irvin of Rt 1, Baldwin, Ga, and Jean A Barnes of Rt 2, Box 230, Cornelia, GA.

1975-He died of prostate cancer on 8 Feb at Demorest. He is buried in Yonah Memorial Gardens, Demorest, GA 30531. Undertaker: Whitfield Funeral Home, Inc, 1900 Industrial Blvd, PO Box 1113, Cornelia, GA 30531. On 11 Feb, his safe deposit box was opened and found to contain:
500 shares of Beaver Creek Distillery, Inc worth nothing
Deed to lots on Chase Rd, Cornelia, worth $50,000
Title to 1967 Mercury worth $1,000 and 1969 Mercury worth $1,000
note on house with payment book
Blue Cross insurance policy
fire insurance policy on the house
car insurance policy
deeds to 16 lots in Yonah Memorial Cemetary worth $800
Birth Certificate
1 gold ring with diamond and appraisal worth $100
play of house lots
1919 So RR Map of adjacent property
Georgia Divorce Decree
Dismissal of NJ Divorce Action
Envelope marked "Dad's Letters"
1897 Silver Dollar
Waltham Watch in case with gold chain worth $50

Note: his household furniture and equipment was worth $200
Balance of his checking account #0001271 = $1435.97
Certificate of Deposit worth $5,000
Total value of estate: $59,738.24

His will was admitted to probate in Habersham Co, GA on 7 Jul 1975, Cliff Kimsey, Jr, executor. Disposition of the estate, completed on 7 Jun 1977, included payments to utilities, hospital, funeral home ($1,491.85), various taxes, various insurance, etc. totalling $6,588.24. His wife got interest in real estate, automobiles, other property and cash in total value $47,700. His son got grandfather clock, gold ring, Waltham Watch and chain, interest in real estate in total value $12,650. His daughter got nothing.
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