MATTER OF TRUST CREATED BY JOHNSON


299 N.J. Super. 415 (1997)

IN THE MATTER OF THE TRUST CREATED BY J. SEWARD JOHNSON UNDER AN AGREEMENT DATED OCTOBER 30, 1944, FOR THE BENEFIT OF DIANA JOHNSON FIRESTONE.

Superior Court of New Jersey, Appellate Division.

Decided April 4, 1997.


Attorney(s) appearing for the Case

Joseph C. Mahon argued the cause for appellant, Eric B. Ryan (Hill Wallack, attorneys; Mr. Mahon, on the brief).

Laurence B. Orloff argued the cause for respondent, Diana J. Firestone (Orloff, Lowenbach, Stifelman & Siegel, P.A., attorneys; Mr. Orloff, of counsel; Linda S. Moore and Craig A. Ollenschleger, on the brief).

Mary Lou Parker argued the cause for respondents, Trustees of Diana J. Firestone 1944 Trust (Pitney, Hardin, Kipp & Szuch, attorneys; James C. Pitney, on the brief).

Before Judges LANDAU, WALLACE and KIMMELMAN.


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

The court is called upon to consider whether a party, as a member of the public or as a remote contingent beneficiary of a trust, may have access to private financial and business records of a vested beneficiary which records were provided to the trustees for purposes of facilitating a discretionary distribution of principal and income and which records were...

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