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IN RE ESTATE OF SMITH

104 N.J. Super. 382 (1969)

250 A.2d 143

IN THE MATTER OF THE ESTATE OF ALBERT D. SMITH, DECEASED. FIDELITY UNION TRUST COMPANY, TRUSTEE, ETC., PLAINTIFF-RESPONDENT, v. THE HOUSE OF THE GOOD SHEPHERD, DEFENDANT-APPELLANT, AND JEFFREY A. RANDOLPH, ALICE P. RANDOLPH AND ROBIN ROS HIGHLEY, MINORS, THROUGH THEIR GUARDIAN AD LITEM ALFRED C. CLAPP, AND LOUISE H. RANDOLPH, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS, AND PETER ROS AND TIMOTHY H. ROS AND CRISTINA ROS, MINORS, THROUGH THEIR GUARDIAN AD LITEM STEPHEN B. WILEY, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 4, 1969.

Attorney(s) appearing for the Case

Mr. Robert B. Kroner argued the cause for appellant The House of the Good Shepherd (Messrs. Holley & Kroner, attorneys).

Mr. Alfred C. Clapp argued the cause for respondent Louise H. Randolph and pro se as guardian ad litem for respondents and cross-appellants Jeffrey A. Randolph, Alice P. Randolph and Robin Ros Highley, minors (Messrs. Clapp & Eisenberg, attorneys).

Mr. Stephen B. Wiley argued the cause pro se as guardian ad litem for respondents and cross-appellants Peter Ros, Timothy H. Ros and Cristina Ros, minors.

Messrs. Riker, Danzig, Scherer & Brown filed a statement in lieu of brief for respondent Fidelity Union Trust Company (Mr. William C. Connelly, of counsel).

Before Judges GAULKIN, COLLESTER and LABRECQUE.

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

Appellant The House of the Good Shepherd appeals from a judgment of the Essex County Court directing that the income from two trust funds administered by plaintiff Fidelity Union Trust Co. be paid over to the children of Alice H.S. Randolph, deceased, a great granddaughter of the testator.

Decedent died on October 17, 1913, survived by his wife Nellie Gasper Smith, his daughter Mary Alice Smith Hallock...

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