WINANS v. ASBURY PARK NAT. BANK AND TRUST CO.


13 N.J. Super. 577 (1951)

81 A.2d 33

JAMES D. WINANS, PLAINTIFF, v. ASBURY PARK NATIONAL BANK AND TRUST COMPANY, & C., ET AL., DEFENDANTS. ASBURY PARK NATIONAL BANK AND TRUST COMPANY, AS EXECUTOR, & C., PLAINTIFF, v. JOSEPHINE V. WINANS, INDIVIDUALLY AND AS EXECUTRIX, & C., ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 27, 1951.


Attorney(s) appearing for the Case

Mr. Alan V. Lowenstein for James D. Winans (Messrs. Riker, Emery & Danzig, attorneys).

Mr. Conover English for Asbury Park National Bank & Trust Company (Messrs. McCarter, English & Studer, attorneys).

Mr. Milton M. Unger for Josephine V. Winans, individually (Messrs. Milton M. and Adrian M. Unger, attorneys).

Mr. John Winans for Josephine V. Winans, executrix.

Mr. James L.R. Lafferty for Elizabeth C. Winans, guardian ad litem of Derek Torrey Winans and Peter Torrey Winans (Messrs. Lindabury, Steelman & Lafferty, attorneys).

Mr. Charles S. Smith for Fannie W. Winans and the Rector, Wardens and Vestrymen of Trinity Church.


FREUND, J.S.C.

These two consolidated actions involve 1,552 shares of the common capital stock of C.G. Winans Company, owned by the estate of Wiliam Winans, deceased. The first suit by James D. Winans was brought to enforce the sale of the stock to him pursuant to the terms of an agreement with his uncle, the decedent, dated December 20, 1934, referred to as the 1934 agreement, or in the alternative under an agreement between them dated April 27, 1943, referred to...

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