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CORRY v. PASSAIC NAT. BANK AND TRUST CO.

3 N.J. Super. 569 (1949)

67 A.2d 486

CONSTANCE W. CORRY, ETC., ET AL. (FORMERLY KNOWN AS COMPLAINANTS), PLAINTIFFS, v. PASSAIC NATIONAL BANK AND TRUST COMPANY ET AL., DEFENDANTS. PASSAIC NATIONAL BANK AND TRUST COMPANY, ONE OF THE SUBSTITUTED TRUSTEES UNDER A TRUST INDENTURE DATED JULY 18TH, 1928, KNOWN AS THE J. & J. WALDEN TRUST, PLAINTIFF, v. JAMES P. WALDEN, ETC., ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 29, 1949.

Attorney(s) appearing for the Case

Mr. Winthrop Watson, attorney for Passaic National Bank and Trust Company, substituted trustee, etc.

Messrs. Carpenter, Gilmour & Dwyer (Mr. James D. Carpenter and Mr. Elmer J. Bennett, appearing), attorneys for First National Bank and Trust Company of Montclair, James P. Walden, Constance W. Corry and other defendants.

Mr. Alfred B. Van Houten, guardian ad litem, attorney pro se.

Mr. David Young, 3rd, attorney for the defendant Vera W. Barkley.

Mr. J. Albert Homan, party to this cause to represent persons not in being pro se.

STEIN, J.S.C.

Both of these suits arise out of a trust indenture dated July 18, 1928, made and executed by James H. Walden and Jennie R. Walden in which the Peoples Bank and Trust Company was named trustee. The trust was irrevocable but the donors and the survivor of them reserved the power to substitute another trustee or trustees and to appoint a co-trustee or trustees. Pursuant to such reservation the donors on November 23, 1940, substituted the Passaic National...

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