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BUSH v. RIKER

77 N.J. Super. 243 (1962)

186 A.2d 117

EUGENE ALAN BUSH, JR., SHERMAN JOSEPH BUSH, JANICE BUSH MOLZON, MARY JANE BUSH VAN BRUNT, and JOAN BUSH DEMING, PLAINTIFFS-APPELLANTS, v. IRVING RIKER, ESQ., CASTOR GRAY AND VIRGINIA GRAY, EXECUTORS AND TRUSTEES OF THE ESTATE OF THERESE MURY BUSH, DECEASED, AND JAN CHRISTOPHER BUSH, AN INFANT, SHERMANE ANN BUSH, A MINOR, PERRY KIELY BUSH, AN INFANT, JUSTINA ANN MOLZON, AN INFANT, CHARLES BUSH, AN INFANT, JANET LEE MOLZON, AN INFANT, RALPH HUBERT MOLZON, AN INFANT, DIANE JOAN DEMING, AN INFANT, GAIL THERESE DEMING, AN INFANT, SCOTT DEMING, AN INFANT, AND DEBORA SUE MOLZON, AN INFANT, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 27, 1962.

Attorney(s) appearing for the Case

Mr. William T. Wichmann argued the cause for appellants (Messrs. Wise, Wise, Wichmann & Berich, attorneys).

Mr. Howard F. Casselman argued the cause for respondents (Messrs. Riker, Danzig, Marsh & Scherer, attorneys for respondents executors and trustees; Messrs. Stout & O'Hagan, attorneys and Mr. D. Joseph DeVito, of counsel, for Richard R. Stout, guardian ad litem for all infants and unborn respondents).

Before Judges GOLDMANN, FREUND and FOLEY.

The opinion of the court was delivered by GOLDMANN, S.J.A.D.

The single issue on this appeal is whether the Chancery Division judge erred in disallowing a counsel fee to plaintiffs' attorneys, chargeable against the trust estate. The matter is presented to us on an agreed statement in lieu of record. The request for counsel fees arose in an action involving a testamentary trust heretofore considered by this court. The background facts are these.

Plaintiffs...

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