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FIDELITY UNION TRUST CO. v. ANTHONY

13 N.J. Super. 596 (1951)

81 A.2d 191

FIDELITY UNION TRUST COMPANY, A NEW JERSEY CORPORATION, AND ARTHUR E.C. HELLER, AS TRUSTEES OF THE TRUST ESTABLISHED BY ARNAUD G. HELLER ON APRIL 5, 1935, PLAINTIFFS, v. TRINDA HELLER ANTHONY, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided May 14, 1951.

Attorney(s) appearing for the Case

Mr. James G. Henry, Jr., attorney for plaintiffs.

Messrs. Pitney, Hardin & Ward (Mr. Frederick Frelinghuysen appearing), attorneys for defendants Arthur E.C. Heller, Ruth Heller Lowe, Wren Heller Tatlock, Gladys Heller Fenlin.

Mr. Aaron Marder, attorney for defendant Elaine Heller Blount.

Mr. George D. McLaughlin, attorney for defendant Constance Pauline Henry.

Messrs. Martin & Reiley, attorneys for defendants Cecile C. Lowe, Robert A. Lowe and Wren Lee.

Mr. Michael J. Donlon, attorney for defendant Constance P. Henry, as administratrix of the estate of Frances Heller Blount, deceased.

Messrs. McCarter, English & Studer (Mr. Nicholas Conover English appearing), attorneys for defendants Trinda Heller Anthony and William F. Aigler, administrator de bonis non with the will annexed of the estate of Arnaud G. Heller, deceased.

Mr. James W. Hart, guardian ad litem for defendant Martha Ellen Henry.

Mr. William H. Corbin, guardian ad litem of infant defendants, pro se.

STEIN, J.S.C.

Fidelity Union Trust Company and Arthur E.C. Heller, trustees of the trust created by deed of trust made by Arnaud G. Heller on April 5, 1935, pray allowance of their account as submitted, which account is admitted to be correct by all parties in interest.

By the second count of the complaint the trustees pray instructions of the court: (a) whether the net accumulations as of the death of Paul E. Heller or any part thereof are income or corpus...

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