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WILBER v. OWENS

2 N.J. 167 (1949)

65 A.2d 843

CHARLES P. WILBER, AS SOLE ACTING EXECUTOR OF THE LAST WILL AND TESTAMENT OF WILLIAM BROKAW BAMFORD, DECEASED, COMPLAINANT-RESPONDENT, v. JOHN OWENS, DEFENDANT-APPELLANT., AND ASBURY PARK NATIONAL BANK AND TRUST COMPANY, THE TRUSTEES OF PRINCETON UNIVERSITY ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Argued April 11, 1949.

Decided May 2, 1949.

Attorney(s) appearing for the Case

Mr. F. Morse Archer, Jr., argued the cause for the appellant.

Mr. William E. Foster (Messrs. Applegate, Stevens, Foster & Reussille, attorneys) argued the cause for the complainant-respondent.

Mr. Donald B. Kipp (Mr. Charles B. Alling and Mr. Robert P. Hazlehurst, Jr., on the brief; Messrs. Pitney, Hardin & Ward, attorneys) argued the cause for the respondent The Trustees of Princeton University.

The opinion of the court was delivered by HEHER, J.

The bill of complaint seeks a construction of the will of William Brokaw Bamford, deceased.

The appeal is from the decretal findings that the testator had "a general charitable intent" and the "trust created by" the tenth paragraph of the will "is a valid charitable trust," and also from the direction that the executor pay over the corpus of the trust to The...

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