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EAST RIDGELAWN CEMETERY v. WINNE

19 N.J. Super. 413 (1952)

88 A.2d 635

EAST RIDGELAWN CEMETERY, A CORPORATION OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WALTER G. WINNE AND TOBY FURST, SUBSTITUTED TRUSTEES, ETC., DEFENDANTS-RESPONDENTS, AND ADAM FRANK AS EXECUTOR, ETC., H. JEROME SISSELMAN, ET ALS., CERTIFICATE HOLDERS, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS, AND STATE OF NEW JERSEY AND VIVIAN D. BELL, ET AL. AND MABEL L. SMITH, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 14, 1952.

Attorney(s) appearing for the Case

Mr. Robert Carey, Jr., argued the cause for plaintiff-appellant, East Ridgelawn Cemetery (Messrs. Carey, Pfoor, Knoeppel & Ziff, attorneys; Mr. Robert Carey and Mr. Herbert Ziff, of counsel).

Mr. Theodore D. Parsons, Attorney-General of the State of New Jersey, argued the cause for the State of New Jersey, defendant-appellant.

Mr. William L. Rae argued the cause for Vivian D. Bell, et als., and Mabel L. Smith, defendants-appellants.

Mr. Samuel Kaufman argued the cause for Adam Frank as executor, etc., and H. Jerome Sisselman, et als., defendants-respondents and cross-appellants (Messrs. Bilder, Bilder & Kaufman, attorneys for Adam Frank as executor, etc., Mr. Sanford Freedman and Mr. John M. Kaufman, on the brief; Kessler & Kessler, attorneys for H. Jerome Sisselman, defendant-respondent and cross-appellant, Mr. Samuel I. Kessler, of counsel).

Mr. Isadore Glauberman argued the cause for Walter G. Winne and Toby Furst, substituted trustees, etc., defendants-respondents.

Before Judges McGEEHAN, JAYNE and GOLDMANN.

The opinion of the court was delivered by McGEEHAN, S.J.A.D.

East Ridgelawn Cemetery, a rural cemetery association, instituted this suit in 1947. Among the prayers for relief was a prayer that "the nature and extent of any obligation of the complainant as a result of the conveyance to it of its cemetery lands may be ascertained and determined; and that it may be ascertained and determined whether any claim or claims arising from such obligation have been barred by...

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