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FIDELITY UNION TRUST CO. v. HELLER

18 N.J. Super. 49 (1952)

86 A.2d 594

FIDELITY UNION TRUST COMPANY, A NEW JERSEY CORPORATION, AND RUPERT B. LOWE, AS TRUSTEES, ETC., PLAINTIFFS-RESPONDENTS, v. ARTHUR E.C. HELLER ET AL., DEFENDANTS-RESPONDENTS, AND TRINDA HELLER ANTHONY AND WILLIAM F. AIGLER, ADMINISTRATOR DE BONIS NON WITH THE WILL ANNEXED OF THE ESTATE OF ARNAUD G. HELLER, DECEASED, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 15, 1952.

Attorney(s) appearing for the Case

Mr. Frederick Frelinghuysen argued the cause for the defendants-respondents (Messrs. Pitney, Hardin & Ward, attorneys; Mr. Roger C. Ward, on the brief).

Mr. Nicholas Conover English argued the cause for the defendants-appellants (Messrs. McCarter, English & Studer, attorneys).

Before Judges JACOBS, EASTWOOD and BIGELOW.

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

This litigation involves the construction of a deed of trust made by Arthur E.C. Heller on May 1, 1935, to the Fidelity Union Trust Company and Rupert B. Lowe, trustees, whereby an irrevocable trust was created. The corpus consisted of 500 shares of Heller Brothers Company common stock and a $25,000 life insurance policy on the life of Paul E. Heller. The pertinent question is whether the estate of...

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