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FIDELITY UNION TRUST CO. v. POTTER

8 N.J. Super. 533 (1950)

73 A.2d 625

FIDELITY UNION TRUST COMPANY, AS TRUSTEE OF THE TRUST CREATED BY AGREEMENT DATED APRIL 23, 1926, ETC., PLAINTIFF, v. MINNIE GILL POTTER, AS EXECUTRIX OF THE ESTATE OF WILFRID C. POTTER, DECEASED, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided May 19, 1950.

Attorney(s) appearing for the Case

Messrs. Riker, Emery & Danzig (Mr. Clark Crane Vogel) for the plaintiff.

Mr. Harry J. Stevens, Jr., for the defendant, Edward Staley, guardian ad litem for Marilyn Potter Staley.

Mr. Harry Schaffer for the defendant, Edward Staley, guardian ad litem for Alan Andrews Staley and Paul Robert Staley.

FREUND, J.S.C.

The plaintiff, trustee under a trust agreement, filed the complaint herein for construction of certain provisions of the agreement and for instructions regarding the disposition of the trust property. The facts are these:

On April 23, 1926, Wilfrid C. Potter executed the trust agreement under which he allocated certain securities for the benefit of his two daughters, Doreen and Dorothy, who were...

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