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MATTER OF ESTATE OF CARTER

6 N.J. 426 (1951)

78 A.2d 904

IN THE MATTER OF THE ESTATE OF OLIVER S. CARTER, DECEASED. BANKERS TRUST COMPANY, TRUSTEE OF TRUST FOR CHILDREN OF LIZZIE COLEY BACOT, UNDER NINTH CLAUSE OF THE WILL OF OLIVER S. CARTER, DECEASED, PLAINTIFF-APPELLANT, v. JOHN V. BACOT, JR., JOHN CARTER BACOT, WENDY ANN ROSS, AND ANTHONY HORTON, DEFENDANTS-RESPONDENTS, AND ELEANOR B. DARRIN COULTER, BARBARA ANN BACOT ZECHES, DOROTHY DARRIN ROSS, JACQUELINE DARRIN HORTON, HOWARD A. DARRIN, JR., EDNA G. BACOT AND HAROLD K. COULTER, DEFENDANTS.

The Supreme Court of New Jersey.

Decided February 26, 1951.

Attorney(s) appearing for the Case

Mr. Charles R. Hardin argued the cause for the appellant (Messrs. Pitney, Hardin & Ward, attorneys).

Mr. Robert W. Brady, and Mr. Francisco Pemberthy of the New York Bar, argued the cause for the defendants-respondents (Mr. Garrison Herr, guardian ad litem for defendants-respondents, John Carter Bacot, Wendy Ann Ross and Anthony Horton, and Mr. Edward C. Hillis, attorney for defendant-respondent, John V. Bacot, Jr.).

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

This case involves an appeal by the plaintiff and cross-appeals by the defendants-respondents from a judgment of the Essex County Court, Probate Division, entered on August 2, 1950, confirming the plaintiff trustee's second intermediate account, surcharging the trustee in the amount of $6,802.67 together with interest thereon in the sum of $4,857.84, and allowing counsel...

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