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DONALDSON v. MADISON BOROUGH

88 N.J. Super. 574 (1965)

213 A.2d 33

WILLIAM R. DONALDSON, GEORGE S. LEISURE AND PETER C. NETLAND, EXECUTORS OF THE WILL OF MARCELLUS HARTLEY DODGE, DECEASED, FRANK D. ABELL, ERNEST C. JOHNSON, JR., CLYDE A. ZUKSWERT, EDWIN J. SAYRES AND PETER C. NETLAND, TRUSTEES OF THE CHARITABLE TRUST KNOWN AND HELD AS THE HARTLEY DODGE FOUNDATION, AND FIDELITY UNION TRUST COMPANY AND PETER C. NETLAND, SUBSTITUTED GUARDIAN OF GERALDINE R. DODGE, PLAINTIFFS, v. BOROUGH OF MADISON, A MUNICIPAL CORPORATION, AND ARTHUR J. SILLS, ATTORNEY GENERAL OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided August 6, 1965.

Attorney(s) appearing for the Case

Mr. Clinton J. Curtis for plaintiffs (Messrs. Stryker, Tams & Dill, attorneys).

Mr. Henry W. Pilch for defendant Borough of Madison.

Mr. James S. Oliver, Deputy Attorney General, for defendant Arthur J. Sills, Attorney General of New Jersey (Mr. Arthur J. Sills, attorney).

LONG, J.C.C. (temporarily assigned).

This is an application for instructions by the trustees of a charitable trust and application for approval of the resignation of the donor-trustee who has become mentally incompetent.

Prior to 1932 Geraldine Rockefeller Dodge, a resident of the Borough of Madison, Morris County, New Jersey, proposed to arrange for the construction and maintenance of a municipal building for...

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