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IN RE VOORHEES

93 N.J. Super. 293 (1967)

225 A.2d 710

IN THE MATTER OF THE TRUST UNDER AGREEMENT OF ELEANOR S. VOORHEES, DECEASED. PLAINFIELD TRUST STATE NATIONAL BANK, ETC., ET AL., PLAINTIFFS-RESPONDENTS, v. HELEN VOORHEES MEDING, DEFENDANT-APPELLANT, AND ANDREW V. GUARRIELLO, ADMINISTRATOR, ETC., ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 5, 1967.

Attorney(s) appearing for the Case

Mr. Harrison F. Durand argued the cause for appellant Helen Voorhees Meding (Messrs. Durand, Twombly & Imbriaco, attorneys; Mr. Joseph F. Imbriaco, of counsel).

Mr. Robert P. Hazlehurst, Jr. argued the cause for respondents Edward Holloway and Edward Holloway, Jr., two of the executors and trustees under the will of Dr. Irving Wilson Voorhees (Messrs. Pitney, Hardin & Kipp, attorneys; Mr. Gordon A. Millspaugh, Jr., of counsel).

No briefs or appearances for respondents Plainfield Trust State National Bank and Edward LeRoy Voorhees, trustees, or for respondent Andrew V. Guarriello, administrator ad litem for estate of Irving Wilson Voorhees, Jr.

Before Judges GAULKIN, LEWIS and LABRECQUE.

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

The Plainfield Trust State National Bank and Edward LeRoy Voorhees, as trustees of an inter vivos trust created by Eleanor S. Voorhees (herein settlor), sought the advice of the Union County Court, Probate Division, as to the distribution of the corpus of the trust upon the death of the last life beneficiary. The court ruled that a partial lapse had occurred and, by a resulting trust, one-half of...

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