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KERNEY v. KAHN

46 N.J. 535 (1966)

218 A.2d 403

THOMAS L. KERNEY, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF SARAH M. KERNEY, PLAINTIFF-APPELLANT, v. ALBERT B. KAHN, BASIL OUTER-BRIDGE, JAMES P. STEWART, AND THE JAMES KERNEY FOUNDATION, A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS, AND ARTHUR J. SILLS, ATTORNEY GENERAL OF NEW JERSEY, INTERVENOR.

The Supreme Court of New Jersey.

Decided April 4, 1966.

Attorney(s) appearing for the Case

Mr. Mark F. Hughes, Jr., argued the cause for plaintiff-appellant (Messrs. Crummy, Gibbons & O'Neill, attorneys; Mr. Hughes, of counsel).

Mr. Albert B. Kahn argued the cause for defendants-respondents (Messrs. Kahn, Schildkraut & Levy, attorneys; Mr. Kahn and Mr. Richard M. Glazer, on the brief).

Mr. Joseph A. Hoffman, Assistant Attorney General, argued the cause for intervenor (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. William J. Walsh, Deputy Attorney General, of counsel and on the brief; Mr. Hoffman, of counsel).

PER CURIAM.

This is an appeal from an order striking plaintiff's complaint for failure to state a claim upon which relief could be granted. We certified the appeal prior to argument in the Appellate Division.

Plaintiff's basic contention is that the James Kerney Foundation (incorporated not for pecuniary profit under N.J.S.A. 15:1-1 et seq.), was organized by its founders to benefit Roman Catholic charities...

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