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DITMARS v. CAMDEN TRUST CO.

10 N.J. Super. 306 (1950)

76 A.2d 280

JOHN R. DITMARS, GLADYS L. REED AND KATHRYN C. WOLFORD, PLAINTIFFS, v. CAMDEN TRUST COMPANY, INDIVIDUALLY AND AS TRUSTEE UNDER THE WILL OF JOHN R. DITMARS, DECEASED, JACOB W. HOUCK, AS ADMINISTRATOR OF KATHARINE L. DITMARS, DECEASED, AND AUGUSTIN S. HART, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided October 4, 1950.

Attorney(s) appearing for the Case

Mr. George W.C. McCarter for the plaintiff (Messrs. McCarter, English & Studer, attorneys).

Mr. Scott Scammell for the plaintiffs, Gladys L. Reed and Kathryn C. Wolford (Messrs. Scammell & Reese, attorneys).

Mr. Walter R. Carroll for defendant, Camden Trust Company, individually and as trustee under the will of John R. Ditmars, deceased (Messrs. Carroll, Taylor & Bischoff, attorneys).

No appearance for the defendant Jacob W. Houck, as administrator of Katharine L. Ditmars, deceased.

HANEMAN, J.S.C.

The decedent, John R. Ditmars, died on December 21, 1925. On January 4, 1926, his last will and testament was probated before the Surrogate of Camden County. The Camden Safe Deposit and Trust Company, later known as Camden Trust Company, and Katharine L. Ditmars, widow of the testator (step-mother of the exceptants), were named therein as and appointed executors.

John R. Ditmars, Jr., the son of the testator and one of the exceptants, filed...

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