FOUNTAIN v. FOUNTAIN


9 N.J. 558 (1952)

89 A.2d 8

MARGUERITA M. FOUNTAIN, INDIVIDUALLY AND AS EXECUTRIX OF THE LAST WILL AND TESTAMENT OF CHARLES S. FOUNTAIN, DECEASED, PLAINTIFF-APPELLANT, v. FRED M. FOUNTAIN AND FOUNTAIN & SONS, INC., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 2, 1952.


Attorney(s) appearing for the Case

Mr. Robert O. Bentley, Jr., argued the cause for appellant (Mr. Arnold A. Hart, attorney).

Mr. Emil M. Wulster argued the cause for respondents.


The opinion of the court was delivered by HEHER, J.

On June 23, 1937, plaintiff's husband. Charles S. Fountain, and his brother, the defendant Fred M. Fountain, each held 25 shares of the capital stock of Fountain & Sons, Inc., a body corporate engaged in the real estate and insurance business in Hackensack, New Jersey. These holdings constituted the entire issue of the corporate capital stock. The brothers had given full time to the management of the corporate...

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