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GUARANTY TRUST CO. OF N.Y. v. STEVENS

28 N.J. 243 (1958)

146 A.2d 97

GUARANTY TRUST COMPANY OF NEW YORK, AS SUBSTITUTED AND SURVIVING TRUSTEE OF THE TRUST CREATED IN AND BY THE NINTH PARAGRAPH OF THE LAST WILL AND TESTAMENT OF JOSEPH H. OUTHWAITE, DECEASED, PLAINTIFF-RESPONDENT, AND PHILIP J. STEVENS, ET AL., DEFENDANTS-RESPONDENTS, v. PHILIP J. STEVENS, JR., ET AL., DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided November 17, 1958.

Attorney(s) appearing for the Case

Mr. Charles Danzig argued the cause for the defendants-appellants.

Mr. John J. Gibbons argued the cause for the defendants-respondents (Messrs. Crummy, Gibbons & O'Neill, attorneys).

Mr. Charles W. Hutchinson submitted a brief in behalf of the plaintiff-respondent (Messrs. Emory, Langan, Lamb & Blake, attorneys).

The opinion of the court was delivered by HEHER, J.

At issue here is the legal sufficiency of the donee's appointment by an unwitnessed holographic will valid and judicially proved as such in California, the state of the donee's domicile, under a power to appoint a trust res consisting of intangible personal property created by the will of the New Jersey domiciled donor, established as such in the state of his domicile.

The essential question is stated...

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