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PLAINFIELD TRUST CO. v. HAGEDORN

28 N.J. 483 (1958)

147 A.2d 254

THE PLAINFIELD TRUST COMPANY, SURVIVING SUBSTITUTED TRUSTEE, PLAINTIFF-RESPONDENT, v. EDITH ARENS HAGEDORN, DEFENDANT-RESPONDENT, AND JOHN E. ARENS & OTTO S. ARENS, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS, AND MARY L.A. WOOLLEY, ETC., DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Argued November 18, 1958.

Decided December 22, 1958.

Attorney(s) appearing for the Case

Mr. Carlyle W. Crane argued the cause for the defendants-appellants John Edward Arens & Otto Siegfried Arens.

Mr. Horace E. Bunker argued the cause for the plaintiff-respondent The Plainfield Trust Company (Messrs. Bunker, Elliott & Mooney, attorneys).

Mr. George F. Hetfield argued the cause for the defendant-respondent and cross-appellant Mary Louise Arens Woolley, individually and as guardian ad litem of Cheryl Ann Woolley (Messrs. Hetfield & Hetfield, attorneys).

Mr. Woodruff J. English argued the cause for the defendant-respondent Edith Arens Hagedorn (Messrs. McCarter & English, attorneys).

Mr. George Warren argued the cause as guardian ad litem for John, William and Barbara Arens, all minor children of defendant John Edward Arens, and as representative of unborn issue of Edith Arens Hagedorn and Siegfried H. Arens (now deceased).

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

This is an appeal and cross-appeal from a judgment of the Superior Court, Chancery Division, construing the terms of a will. We certified the cause on our motion while it was pending and yet unheard in the Superior Court, Appellate Division. The parties have agreed on a statement of the facts in lieu of a record. R.R. 1:6-2.

On May 5, 1891 Otto Arens, a resident...

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