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THE NATIONAL STATE BANK OF NEWARK v. STUART

12 N.J. Super. 540 (1950)

80 A.2d 130

THE NATIONAL STATE BANK OF NEWARK, AS SUCCESSOR TRUSTEE UNDER DEED OF TRUST OF EDWARD GOODRICH ACHESON, DATED JULY 10, 1928, PLAINTIFF, v. MARGARET ACHESON STUART, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided May 23, 1950.

Attorney(s) appearing for the Case

Messrs. Pitney, Hardin & Ward (Mr. Donald B. Kipp appearing), for the plaintiff.

Messrs. Stein, Stein & Hughes (Mr. Richard V. Stein appearing), for the defendant, Margaret Acheson Stuart.

Mr. Coleman Burke, for the defendant Lyall L. Stuart.

Messrs. Martin & Reiley, for certain adult defendants.

Mr. William H. Corbin, for guardians ad litem of all infant defendants.

FREUND, J.S.C.

The plaintiff, successor trustee under a deed of trust of Edward Goodrich Acheson, deceased, seeks, inter alia, construction of a provision of the trust agreement which reads as follows:

"For the purpose of determining what shall constitute corpus and what shall constitute income of the trust estate it is hereby declared in respect to the shares of stock of Acheson Corporation hereby transferred...

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