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THE PENNSYLVANIA CO. FOR BANKING, ETC. v. CLARKSON

6 N.J. Super. 179 (1950)

70 A.2d 762

THE PENNSYLVANIA COMPANY FOR BANKING AND TRUSTS, A PENNSYLVANIA CORPORATION, SOLE SURVIVING TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF FRANCES C. HENDERSON, DECEASED, PLAINTIFF-RESPONDENT, v. ELIZABETH ADAMS CLARKSON, G. FORREST BUTTERWORTH, EXECUTOR OF THE ESTATES OF J. PINCKNEY H. ADAMS, DECEASED, AND FLORENCE DAY ADAMS MORGENSTIERNE, DECEASED, AND UNITED STATES TRUST COMPANY OF NEW YORK, TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF FLORENCE DAY ADAMS MORGENSTIERNE, DECEASED, DEFENDANTS-APPELLANTS, ET AL., AND JOHN M. GEISSLER AND ALMA E. GEISSLER, INDIVIDUALLY AND AS EXECUTORS OF THE ESTATE OF ARTHUR H. GEISSLER, DECEASED, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 16, 1950.

Attorney(s) appearing for the Case

Mr. James E.M. Tams argued the cause for defendants-appellants Elizabeth Adams Clarkson, G. Forrest Butterworth, executor of the estates of J. Pinckney H. Adams, deceased, and Florence Day Adams Morgenstierne, deceased, and United States Trust Company of New York, trustee under the last will and testament of Florence Day Adams Morgenstierne, deceased (Mr. William Dickson Cunningham, attorney).

Mr. Alexander T. Schenck argued the cause for defendant-appellant, administrator ad prosequendum of the estates of Ernst von Preuschen, Franz von Preuschen, and Clemens von Preuschen, deceased (attorney pro se).

Mr. Lawrence N. Park argued the cause for defendants-respondents John M. Geissler and Alma E. Geissler, individually and as executors of the estate of Arthur H. Geissler, deceased (Mr. Robert J. Tait Paul, attorney).

Mr. Howard S. Tilton argued the cause for plaintiff-respondent (Messrs. Waddington & Tilton, attorneys).

Before Judges McGEEHAN, COLIE and EASTWOOD.

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

Judgment was entered in the Chancery Division of the Superior Court, making final distribution of the corpus and income of a testamentary trust originated by the testatrix, Frances C. Henderson, by her will executed on May 29, 1896. The judgment ordered distribution of one-half thereof to the executor of the estate of J. Pinckney H. Adams, and one-half thereof to the duly qualified personal representative...

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