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IN RE SOTNIKOFF

34 N.J. Super. 422 (1955)

112 A.2d 754

IN THE MATTER OF THE TRUSTEESHIP OF LARRY SOTNIKOFF, A MINOR. RUTH G. SOTNIKOFF SCHIFF, CO-TRUSTEE OF THE ESTATE OF LARRY SOTNIKOFF, A MINOR, PLAINTIFF-APPELLANT, v. SOPHIE SOTNIKOFF, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 17, 1955.

Attorney(s) appearing for the Case

Mr. Heyman Zimel argued the cause for plaintiff-appellant.

Mr. Robert N. Wilentz argued the cause for defendant-respondent (Messrs. Wilentz, Goldman, Spitzer & Sills, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

The opinion of the court was delivered by CLAPP, S.J.A.D.

The primary question brought up by this appeal is whether under the circumstances here the court may appoint some one a successor trustee, contrary to the wishes of the persons who by the terms of the trust were given the power to make such an appointment.

Hyman Sotnikoff died in military service leaving a National Service Life Insurance policy payable to his wife, now Mrs. Ruth G. Sotnikoff Schiff...

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