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CLARK v. McCLASKEY

84 N.J. Super. 35 (1964)

200 A.2d 801

ELIZABETH WYMOND CLARK, INDIVIDUALLY AND AS SURVIVING TRUSTEE UNDER TRUST AGREEMENT DATED MARCH 6, 1935, PLAINTIFF, v. ELIZABETH McCLASKEY JUDGE, INDIVIDUALLY AND AS EXECUTRIX OF THE LAST WILL AND TESTAMENT OF JOHN F. JUDGE, DECEASED; ANNETTE M. JUDGE, INDIVIDUALLY AND AS EXECUTRIX OF THE LAST WILL AND TESTAMENT OF GILBERT W. JUDGE, DECEASED; LOUISA J.H. JUDGE AND AUGUSTA G.C. JUDGE, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided May 25, 1964.

Attorney(s) appearing for the Case

Messrs. Riker, Danzig, Scherer & Brown, attorneys for plaintiff (Mr. Everett M. Scherer, of counsel).

Mr. Pearce R. Franklin, attorney for defendant Elizabeth McClaskey Judge, individually (Mr. Harmon Duncombe, of the New York Bar, of counsel).

Messrs. Toner, Crowley, Woelper & Vanderbilt, attorneys for defendant Annette M. Judge, individually and as executrix (Mr. Marshall Crowley, of counsel).

Messrs. Shanley & Fisher, guardian ad litem for Augusta G.C. Judge and Louisa J.H. Judge, infants (Mr. Bernard M. Shanley, of counsel).

PASHMAN, J.S.C.

This action is brought by the settlor of an inter vivos trust (1) to construe the same; (2) to review an attempted appointment of a successor trustee; and (3) to determine the validity of certain amendments to said trust as well as the validity of a purported renunciation of a life estate by plaintiff Elizabeth Wymond Clark (hereafter "plaintiff" or "settlor"). Plaintiff also seeks certain injunctive relief against and an accounting from defendant...

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