CENTRAL HANOVER BANK & TRUST CO. v. HUTCHINSON


22 N.J. Super. 78 (1952)

91 A.2d 654

CENTRAL HANOVER BANK AND TRUST COMPANY AND DUNCAN S. ELLSWORTH, AS SUCCESSOR TRUSTEES OF THE TRUST UNDER CLAUSE TWENTY-FOURTH OF THE LAST WILL AND TESTAMENT OF ARCHIBALD A. HUTCHINSON, DECEASED, PLAINTIFFS, v. CHARLES HUTCHINSON, ET ALS., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided October 3, 1952.


Attorney(s) appearing for the Case

Messrs. Stryker, Tams & Horner, attorneys for plaintiffs.

Mr. John D. McMaster, attorney for defendants Charles Hutchinson and Warren S. Davidson.

Messrs. Wall, Walsh, Kelly & Whipple, attorneys for the defendants Central Hanover Bank and Trust Company and Duncan S. Ellsworth, as executors and trustees under the last will and testament of Archibald A. Hutchinson, Jr., deceased.

Messrs. Pitney, Hardin & Ward, attorneys for the defendant The President and Fellows of Harvard College.

Messrs. Lum, Fairlie & Foster, attorneys for the defendant Duncan S. Ellsworth, individually.

Messrs. O'Mara, Schumann, Davis & Lynch, attorneys for Frank Mori, guardian ad litem of the infant defendants Barbara Whipple, John J. Whipple, Jr., Ogden Whipple and David Whipple.


GRIMSHAW, J.S.C.

The plaintiffs Central Hanover Bank and Trust Company (now the Hanover Bank), and Duncan S. Ellsworth, as successor trustees under clause Twenty-fourth of the last will and testament of Archibald A. Hutchinson, deceased, seek a construction of that clause and also a construction of clause Eighth of the will of Archibald A. Hutchinson, Jr. as the same is modified by the third and fourth codicils thereto...

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