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BEHRMAN v. EGAN

31 N.J. Super. 95 (1953)

106 A.2d 36

HARRY BEHRMAN, JOHN J. HALL, ALOYSIUS J. O'BRIEN, AMOS H. RADCLIFFE AND CHARLES H. ROEMER, TRUSTEES UNDER A TRUST AGREEMENT DATED DECEMBER 26, 1934, BETWEEN THEM AND THE FRANKLIN TRUST COMPANY OF PATERSON, PLAINTIFFS, v. JOHN J. EGAN AND GEORGE LENDRIM, AS REPRESENTATIVES OF THE HOLDERS OF CLASS "A" CERTIFICATES; AND WILLIAM E. BROWNE AND MOSES I. FULD, AS REPRESENTATIVES OF THE HOLDERS OF CLASS "B" CERTIFICATES, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided July 22, 1953.

Attorney(s) appearing for the Case

Messrs. Randal B. Lewis, Walter D. Van Riper, William W. Evans, Samuel Rochlin, attorneys for the plaintiffs.

Mr. Walter J. Hunziker, attorney for defendants Egan and Lendrim.

Mr. Vincent C. Duffy, attorney for defendants Browne and Fuld.

Messrs. Herman H. Singer and Albert S. Gross, attorneys for estates of James M. O'Dea, et al.

Messrs. Samuel Kaufman and Sanford Freedman, attorneys for certificate holders, exceptants to the account (and of counsel).

Mr. George F. Miller, attorney for estate of Joseph Teshon, et al.

Messrs. Frankel & Frankel, attorneys for intervenor Nathan Metzger.

GRIMSHAW, J.S.C.

At long last we have come to the end of the road so far as the trial court is concerned. The settlement of the form of judgment, like every other phase of the litigation, has been fraught with difficulty. I am not particularly concerned with phraseology but there were points raised in the arguments of counsel which require an expression of my opinion.

The exceptants sought the removal of the remaining trustees. I required the resignation of...

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