MORRISTOWN TRUST CO. v. PROTESTANT EPISCOPAL CH.


1 N.J. Super. 418 (1948)

61 A.2d 762

THE MORRISTOWN TRUST COMPANY, AS SUBSTITUTED TRUSTEE UNDER THE WILL OF KATHARINE BRINLEY HUNTINGTON, DECEASED, PLAINTIFF, v. PROTESTANT EPISCOPAL CHURCH IN THE DIOCESE OF FLORIDA, AND OTHERS, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided November 1, 1948.


Attorney(s) appearing for the Case

Messrs. Mills, Jeffers and Mountain (Mr. Worrall F. Mountain, Jr. appearing), for plaintiff.

Messrs. Martin & Reiley (Mr. William H. Corbin appearing), for defendant Protestant Episcopal Church in the Diocese of Florida.

Messrs. Long and Oram (Mr. George S. Oram appearing), for defendants Mary Brooks Whittemore, Emily Morgan Crosby, Anne Huntington O'Donnell and Frances Huntington LeBouvier.


STEIN, J.S.C.

Plaintiff, The Morristown Trust Company, as substituted trustee of the trust created under the will of Katharine Brinley Huntington prays the court to construe the codicil to the last will and testament of the decedent and to advise whether under the circumstances the court will exercise its equitable power cy pres and direct plaintiff as to the manner in which the trust shall hereafter be administered...

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