MARX v. RICE


1 N.J. 574 (1949)

65 A.2d 48

ABRAM D. MARX, ET ALS., COMPLAINANTS-APPELLANTS, v. ALEXANDER S. RICE, INDIVIDUALLY, ETC., ET ALS., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 28, 1949.


Attorney(s) appearing for the Case

Mr. Aaron Marder argued the cause for the complainants-appellants.

Mr. John G. Flanigan filed a brief as attorney for the intervening defendants-counterclaimants, Robert Herzog, Raymond Herzog, Leon Herzog, Nicole Faraggi, Robert Metzger and Marthe Metzger Puder.

Mr. Herbert J. Hannoch argued the cause for the defendants-respondents, Alexander S. Rice, individually and as surviving administrator c.t.a. of the estate of Bernard Strauss, and as surviving executor under the will of Florence R. Strauss; Joseph Rice; Helen S. Simpson individually, and as contingent successor trustee under the will of Florence R. Strauss; Alice S. Hannoch; Leah R. Fuld; Florence F. Vogel and Mildred N. Fuld (Messrs. Hannoch & Lasser, attorneys).

Mr. Harold E. Grotta, substituted sequestrator for Mildred Fuld, defendant-respondent, filed a brief pro se.

Messrs. Wicoff & Lanning filed a brief as attorneys for the defendant-respondent, The Broad Street National Bank of Trenton (Mr. Kenneth H. Lanning on the brief).

Messrs. Scammell & Reese filed a brief as attorneys for the defendant-respondent, The First-Mechanics National Bank of Trenton (Mr. J. Mitchell Reese on the brief).

Mr. William N. Cooper filed a brief as attorney for the defendant-respondent, Trenton Trust Company.

Mr. Harvey T. Satterthwaite filed a brief as attorney for the defendant-respondent, Security National Bank of Trenton.


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

We are concerned here with appeals from two orders of the former Court of Chancery striking out successively two causes of action asserted in the amended complaint filed herein by heirs at law and next of kin of Bernard Strauss, deceased.

The first appeal concerns the nature and effect of a power of appointment given in his will to his wife, Florence Rice Strauss...

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