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IN RE ENGLIS

54 N.J. 350 (1969)

255 A.2d 242

IN THE MATTER OF THE ESTATE OF JOHN ENGLIS, a/k/a JOHN ENGLIS, JR., DECEASED. TRUST FOR THE BENEFIT OF BERTHA E. SAYRE.

The Supreme Court of New Jersey.

Decided June 30, 1969.

Attorney(s) appearing for the Case

Mr. Roger C. Ward argued the cause for defendants-appellants Janice M. Lewis and Russell W. Melcher (Messrs. Pitney, Hardin & Kipp, attorneys; Mr. Roger C. Ward and Mr. William H. Hyatt, Jr., on the brief).

Mr. Milton Prigoff argued the cause for defendant-respondent John E. Melcher (Messrs. Lebson & Prigoff, attorneys; Mr. Milton Prigoff and Mr. Thomas G. Loman on the brief).

Messrs. O'Mara, Schumann, Davis & Hession, attorneys for plaintiff-respondent, Trustee, Manufacturers Hanover Trust Company (Mr. Frederic W. Schumann, Mr. Paul M. Hanlon, and Mr. James Dorment, Jr., of counsel).

The opinion of the court was delivered by PROCTOR, J.

This is a will construction case, initiated by a trustee who requests instructions concerning the proper distribution of the principal of a trust created under the will of John Englis for the benefit of his daughter, Bertha Englis Sayre, during her lifetime. The trustee's uncertainty arises from the language of the will pertaining to the devolution of the principal following Mrs. Sayre's death. Mrs. Sayre died...

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