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THE HACKENSACK TRUST CO. v. BOGERT

24 N.J. Super. 1 (1952)

93 A.2d 402

THE HACKENSACK TRUST COMPANY, AS TESTAMENTARY TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF H. MYERS BOGERT, DECEASED, PLAINTIFF-APPELLANT, v. CHARLOTTE G. BOGERT, INDIVIDUALLY AND AS EXECUTRIX OF THE LAST WILL AND TESTAMENT OF HENRY MYERS BOGERT, 2ND, DECEASED, DEFENDANT-RESPONDENT, CHRISTINE B. ALLEY, ROGER BLACKSTONE ALLEY, AND ROGER BLACKSTONE ALLEY, JR., DEFENDANTS-APPELLANTS, HACKENSACK HOSPITAL ASSOCIATION, A BODY CORPORATE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 17, 1952.

Attorney(s) appearing for the Case

Mr. James A. Major argued the cause for plaintiff-appellant (Messrs. Wurts & Plympton, attorneys).

Mr. Horace F. Banta argued the cause for defendant-respondent Charlotte G. Bogert (Messrs. Winne & Banta, attorneys).

Mr. John W. Griggs argued the cause for defendants-appellants (Messrs. Morrison, Lloyd & Griggs, attorneys).

Before Judges EASTWOOD, GOLDMANN and FRANCIS.

The opinion of the court was delivered by FRANCIS, J.C.C. (temporarily assigned).

The parties here sought a construction of the will of H. Myers Bogert in several particulars. The determination of the matter by the trial court was accepted by them except for one aspect thereof which is made the subject of this appeal. In addition, the corporate executor appeals from the counsel fee allowed to its attorneys.

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