IN RE ESTATE OF KATHERINE FREY DICKERSON


193 N.J. Super. 353 (1983)

474 A.2d 30

IN THE MATTER OF THE ESTATE OF KATHERINE FREY DICKERSON, DECEASED. IN THE MATTER OF THE ESTATE OF CLARENCE GARRETSON, DECEASED.

Superior Court of New Jersey, Chancery Division Middlesex County.

Decided November 18, 1983.


Attorney(s) appearing for the Case

Gregory B. Reilly, and Marion Percell, appearing for plaintiff, Rutgers, the State University (Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan, attorneys).

Thomas H. Dilts, appearing for defendant, United Reformed Church (Dilts, DeLancey & Welch, attorneys).

Irwin Kimmelman, Attorney General, by Mark I. Siman, Deputy Attorney General.

Philip L. Strong, appearing for defendant, counter-claimant, New Brunswick Theological Seminary.

Joseph Stevens, appearing for amicus curiae, New Jersey Council of Churches (Stevens & Stevens, attorneys).


SKILLMAN, J.S.C.

The issue presented by these two cases, which were consolidated for trial, is whether a public institution of higher education may administer privately funded scholarship trusts which are restricted to students who intend to study for the Protestant Ministry.

The case involves two testamentary bequests to Rutgers University, one by Clarence Garretson, who died in 1938, and the other by Katherine Frey Dickerson, who died in 1946. The Garretson...

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