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CASE v. ROEBLING

42 N.J. Super. 545 (1956)

127 A.2d 409

CLARENCE E. CASE, EXECUTOR OF THE LAST WILL AND TESTAMENT OF JOHN A. ROEBLING, DECEASED, PLAINTIFF, v. HELEN PRICE ROEBLING, DONALD ROEBLING, PAUL ROEBLING, MARY G. ROEBLING, T. COLEMAN ANDREWS, COMMISSIONER OF INTERNAL REVENUE, JOSEPH F.J. MAYER, DISTRICT DIRECTOR OF INTERNAL REVENUE, NEWARK, NEW JERSEY, AND THE UNITED STATES OF AMERICA, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided November 19, 1956.

Attorney(s) appearing for the Case

Mr. T. Girard Wharton argued for the plaintiff (Messrs. Wharton, Stewart & Davis, attorneys; Mr. William T. Stewart, Jr., and Mr. Richard H. Thiele, Jr., of counsel).

Mr. Willard G. Woelper argued for defendant Helen Price Roebling (Messrs. Toner, Crowley, Woelper & Vanderbilt, attorneys; Mr. Robert A. Mathews and Mr. Robert B. Underhill, of counsel).

Mr. Worrall F. Mountain, Jr., argued for defendant Donald Roebling (Messrs. Jeffers, Mountain & Franklin, attorneys; Mr. Benjamin Franklin, III and Mr. Sidney G. Dillon, of counsel).

Mr. John Milton argued for defendants Paul Roebling and Mary G. Roebling (Messrs Milton, McNulty & Augelli and Mr. J. Conner French, attorneys).

SCHETTINO, J.S.C.

Plaintiff-executor of the last will and testament of John A. Roebling, deceased, seeks a construction of the decedent's will as it relates to the apportionment of the ultimate burden of the federal estate tax levied or to be levied upon the estate by the United States Government. The action was dismissed as to the United States of America and two federal taxing officials on the ground of want of jurisdiction over the persons of said defendants, and...

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