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IN RE ESTATE OF BRECKWOLDT

16 N.J. 222 (1954)

108 A.2d 431

IN THE MATTER OF THE ESTATE OF BERTHA BRECKWOLDT, A/K/A MARIE ABEL BERTHA BRECKWOLDT, DECEASED.

The Supreme Court of New Jersey.

Decided October 25, 1954.

Attorney(s) appearing for the Case

Mr. Albert S. Gross, argued the cause for the appellants (Mr. Rudolph Schroeder, attorney).

Mr. John A. Christie, attorney for Oreste L. Cassi, administrator pendente lite (Messrs. Morrison, Lloyd & Griggs, attorneys for Bertha C. Hooker, administratrix; Messrs. Breslin & Breslin, attorneys for Delta Hieger; Mr. Gerald E. Monaghan, of counsel).

PER CURIAM.

As we see it Mr. Herr is presently without power either under the inter vivos trust or the will pending the final hearing on the validity of the will. He is a mere custodian of the assets involved. The court is of opinion that this is an undesirable situation involving elements of risk. No emergency has been shown to warrant taking the order of Judge Grimshaw first to Judge Waesche, then to Judge Clapp for what was in effect a motion to vacate Judge...

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