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HACKENSACK TRUST CO. v. BARKERDING

9 N.J. Super. 595 (1950)

76 A.2d 36

THE HACKENSACK TRUST COMPANY, AS TRUSTEE UNDER TRUST INDENTURE DATED JULY 3, 1928, MADE BY ADOLPH H. BARKERDING, AND AS ONE OF THE EXECUTORS OF THE LAST WILL AND TESTAMENT OF SAID ADOLPH H. BARKERDING, DECEASED, PLAINTIFF, v. CHARLOTTE J. BARKERDING, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided October 16, 1950.

Attorney(s) appearing for the Case

Messrs. Wurts & Plympton, attorneys for plaintiff.

Mr. Warren Dixon, Jr., attorney for defendants Charlotte J. Barkerding, Ellis Barkerding and Helen B. Neuberg.

Messrs. Winne & Banta, attorneys for defendants Peoples Trust Company and Sara E. Barkerding.

GRIMSHAW, J.S.C.

On July 3, 1928, Adolph H. Barkerding, of the Borough of Park Ridge, in Bergen County, executed a declaration of trust by which he transferred to the Hackensack Trust Company as trustee, 200 shares of the common stock of Mittag & Volger, Inc.:

"IN TRUST, NEVERTHELESS, for the following uses and purposes, and subject to the following terms, conditions and powers hereinafter set forth, that...

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