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IN RE ESTATE OF STEVENS

155 N.J. Super. 575 (1978)

383 A.2d 135

IN THE MATTER OF THE ESTATE OF JOHN STEVENS, DECEASED.

Superior Court of New Jersey, Appellate Division.

Decided January 26, 1978.

Attorney(s) appearing for the Case

Mr. Gilbert D. Chamberlin argued the cause for the appellant Emily Stevens Tully (Messrs. Chamberlin & Hobbie, attorneys; Mr. Gilbert D. Chamberlin and Mr. Thomas J. Denitzio, Jr. on the brief).

Mrs. Dorothea O'C. Wefing argued the cause for respondent United California Bank, executor of the estate of Edwin A. Stevens, IV (Messrs. Schumann, Hession, Kennelly & Dorment, attorneys).

No appearance for Messrs. Dickson & Creighton, attorneys for the executor of the estate of John Stevens.

No appearance for Mr. John J. Trombadore, guardian ad litem for William Leake Stevens.

Before Judges CONFORD, MICHELS and PRESSLER.

The opinion of this court was delivered by PRESSLER, J.A.D.

By his will John Stevens, who died in 1932, created two trusts, each representing one-third of his residuary estate. The life tenants having now died, the constructional question before us is to determine to whom the corpus is to be distributed.

The trusts in question were created by paragraph Tenth of the will, which named testator's brother, Edwin A., as the life tenant of one trust and his sister...

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