THE PENNSYLVANIA COMPANY, ETC., TRUSTS v. BATES


7 N.J. Super. 482 (1950)

71 A.2d 917

THE PENNSYLVANIA COMPANY FOR BANKING AND TRUSTS, EXECUTOR AND TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF JAMES W. RUSLING, DECEASED, PLAINTIFF, v. EMILY RUSLING BATES, INDIVIDUALLY AND AS SURVIVING TRUSTEE UNDER THE LAST WILLS AND TESTAMENTS OF JAMES F. RUSLING AND OF EMILY W. RUSLING, DECEASED, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided March 10, 1950.


Attorney(s) appearing for the Case

Mr. Harrey Knight, for the plaintiff.

Messrs. Katzenbach, Gildea & Rudner (Mr. Horace J. Farlee, on the brief, and Mr. A. David Speers and Mr. Maurice Heckscher, of Duane, Morris & Heckscher, of Philadelphia, Pennsylvania, associated), for the defendant.


JAYNE, J.S.C.

The judicial instructions sought to be elicited in this action by the plaintiff in its fiduciary capacity necessitate a studious exploration of the will and codicil of James F. Rusling, and of the will of his widow, Emily W. Rusling, both of whom are now deceased and whose respective testamentary declarations have been admitted to probate.

An intelligible comprehension of the questions presented for solution requires also a chronological summary...

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