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CARTON v. BORDEN

14 N.J. Super. 308 (1951)

81 A.2d 818

ROBERT V. CARTON, J. GERARD CARTON, JAMES D. CARTON, JR., F. VICTOR CARTON AND FORMAN T. BAILEY, PARTNERS TRADING AS DURAND, IVINS AND CARTON, PLAINTIFFS, v. HOWARD STANLEY BORDEN AND ELEANOR JANE BORDEN, EXECUTORS AND TRUSTEES UNDER THE LAST WILL AND TESTAMENT OF HOWARD L. BORDEN, DECEASED, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 14, 1951.

Attorney(s) appearing for the Case

Messrs. Durand, Ivins & Carton (Mr. Robert V. Carton appearing), attorneys for plaintiffs.

Mr. Ward Kremer, attorney for defendants.

Mr. Thomas D. Nary, guardian ad litem, pro se.

McLEAN, J.S.C.

This is an action against executors and trustees to compel an accounting, to restrain them from exercising any function of their office and for their removal.

Howard L. Borden, late of Asbury Park, by his will appointed the defendants, his son, Howard Stanley Borden and his daughter-in-law, Eleanor Jane Borden, executors and trustees of his estate. They are the life tenants. The residuary legatees are their children, a son and daughter of full...

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