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CITY-BANK FARMERS' TRUST CO. v. RIDEAL

1 N.J. Super. 331 (1948)

61 A.2d 578

CITY-BANK FARMERS' TRUST COMPANY, A NEW YORK CORPORATION, AS TESTAMENTARY TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF WILLIAM A. PATON, DECEASED, COMPLAINANT, v. MARGARET ATLEE JACKSON RIDEAL, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided October 19, 1948.

Attorney(s) appearing for the Case

Messrs. Wurts & Plympton, (Mr. William H. Wurts, of counsel), for the plaintiff.

Messrs. Pitney, Hardin, Ward & Brennan, (Mr. Donald B. Kipp, of counsel), for defendants Margaret Atlee Jackson Rideal, et al.

Mr. Sydney G. Soons, for defendants William Paton, II, et al.

Mr. Harrison F. Durand, guardian ad litem for infant defendants Margaret Paton, et al.

Messrs. Lum, Fairlie & Foster, (Mr. Chester W. Fairlie, of counsel), for defendant National Academy of Design.

JAYNE, J.S.C.

In the pursuit of its fiduciary duties as trustee under the directions of the last will and testament of William A. Paton, deceased, the plaintiff has encountered some incertitude concerning the identity of some of the beneficiaries signified by the testator in the seventh article of his will.

The perplexing ambiguity arises in the testamentary disposition "to the grandchildren of said William Paton then living and the issue of any deceased grandchild...

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