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McCARTER v. McGREGOR

1 N.J. 558 (1949)

64 A.2d 449

GEORGE W.C. McCARTER, AS SUBSTITUTED TRUSTEE UNDER THE WILL AND CODICILS OF AUSTEN H. McGREGOR, DECEASED, COMPLAINANT-RESPONDENT, v. DONALD McGREGOR, DEFENDANT-APPELLANT, AND JOHN McGREGOR, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 14, 1949.

Attorney(s) appearing for the Case

Mr. Charles S. Smith argued the cause for complainant-respondent, George W.C. McCarter, trustee, and for defendant-appellant, Donald McGregor (Messrs. McCarter, English and Studer, attorneys for the trustee, and Mr. Charles S. Smith, attorney for the defendant-appellant).

Mr. James A. Major argued the cause for defendant-respondent, John McGregor (Messrs. Major & Carlsen, attorneys).

The opinion of the court was delivered by CASE, J.

The cause has to do with the implied power of a substituted trustee under a testamentary trust to sell and convey real estate which had come into the trust after the testator's death in part payment of an adjudicated surcharge against the executors. The appeal is from a part of the Chancery decree.

Austen H. McGregor left a last will and testament with codicils wherein he set up a spendthrift trust for his...

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