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BANK OF NEW YORK v. BLACK

26 N.J. 276 (1958)

139 A.2d 393

THE BANK OF NEW YORK, TRUSTEE UNDER THE WILL OF WILLIAM BYRD, DECEASED, PLAINTIFF-RESPONDENT, v. MARY MARTIN BLACK, INDIVIDUALLY AND AS EXECUTRIX UNDER THE WILL OF JULIA KINGSBURY BYRD, DECEASED, DEFENDANT-APPELLANT ANI CROSS-RESPONDENT, AND WILLIAM BYRD, JR., LUCY CARTER BREDIN, DEFENDANTS-RESPONDENTS, AND ANNE SYFRET AND MARK BREDIN, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

The Supreme Court of New Jersey.

Decided March 3, 1958.

Attorney(s) appearing for the Case

Mr. Irving Riker argued the cause for defendant-appellant and cross-respondent Mary Martin Black (Messrs. Riker, Emery & Danzig, attorneys; Messrs. Sullivan & Cromwell (George C. Sharp, Lorene Joergensen, of counsel), of the New York Bar, on the brief).

Mr. Horace F. Banta argued the cause for respondents and cross-appellants Anne Syfret and Mark Bredin (Messrs. Winne & Banta, attorneys).

Mr. Ward J. Herbert argued the cause for defendants-respondents William Byrd, Jr., and Lucy Carter Bredin (Messrs. McCarter, English & Studer, attorneys).

Mr. Hugh N.W. Ronalds, attorney for plaintiff-respondent The Bank of New York.

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

As testamentary trustee under the will of William Byrd, deceased, the Bank of New York brought this action principally for the purpose of having the court determine to whom it should distribute some $334,000 in trust funds now that the trust in question has expired. Various relatives of the settlor, William Byrd, and his wife, Julia Byrd, were joined as parties-defendant...

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