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COMMERCIAL TRUST CO. v. BARNARD

27 N.J. 332 (1958)

142 A.2d 865

COMMERCIAL TRUST COMPANY OF NEW JERSEY AND GEORGE I. MASON, AS TRUSTEES, ETC., PLAINTIFFS-RESPONDENTS, v. BEULAH G. BARNARD, ET AL., DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 16, 1958.

Attorney(s) appearing for the Case

Mr. Elmer J. Bennett argued the cause for the defendants-appellants Beulah G. Barnard, et al. (Messrs. Carpenter, Bennett, Beggans & Morrissey, attorneys).

Mr. J. Fisher Anderson argued the cause for the plaintiff-respondent Commercial Trust Company of New Jersey (Messrs. Anderson, Rugge & Coleman, attorneys).

Mr. Thomas McNulty argued the cause for the plaintiff-respondent George I. Mason (Mr. William Bannon on the brief; Messrs. Milton, McNulty & Augelli, attorneys).

Mr. James F. McGovern, Jr., argued the cause, as attorney pro se, as guardian ad litem for infant defendants-appellants and as attorney for William I. Spiegelberg, defendant-appellant representing unborn issue.

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

This is an appeal from the disallowance of exceptions to a first intermediate accounting of an inter vivos trust in the Chancery Division of the Superior Court. We certified the cause on our own motion prior to hearing in the Superior Court, Appellate Division.

On January 21, 1920 Isaac Guggenheim, a resident of New York, executed a trust indenture in New Jersey, with express provision that the trust...

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