CHEMICAL BANK & TRUST COMPANY OF NEW YORK, AND SALWYN SHUFRO, EXECUTORS UNDER THE LAST WILL AND TESTAMENT OF GUILLIAM BOGERT DEMAREST, DECEASED, AND SAID SALWYN SHUFRO, TRUSTEE UNDER A TRUST INDENTURE DATED JULY 1, 1947, PLAINTIFFS,
v.
ADELAIDE M. GODFREY, INDIVIDUALLY AND AS SUBSTITUTED TRUSTEE UNDER A TRUST INDENTURE DATED JULY 1, 1947, ET AL., DEFENDANTS.
Superior Court of New Jersey, Chancery Division.https://leagle.com/images/logo.png
Decided December 30, 1953.
Decided December 30, 1953.
Attorney(s) appearing for the Case
Mr. Winthrop Watson, attorney for plaintiffs.
Mr. Lester J. Kramer, attorney for defendant Adelaide M. Godfrey.
Mr. Hugh C. Spernow, attorney for defendants Ruth H. Holman, et al., individually and as class representatives of descendants of first cousins.
Messrs. Evans, Hand & Evans, attorneys for defendants Ida L. Padgett, et al., individually and as class representatives of cousins of more remote degree.
Messrs. Seufert & Elmore, attorneys for defendants Daniel Gilliam Bogert, et al., individual descendants of first cousins.
Messrs. Whiting, Moore & Phillips, attorneys for defendants Board of National Missions of the Presbyterian Church in the United States of America, et al.
Mr. William Dickson Cunningham, attorney for defendants The Salvation Army and Home for Old Men and Aged Couples.
Messrs. McCarter, English & Studer, attorneys for defendants Memorial Center for Cancer and Allied Diseases, et al.
Messrs. Collester & Johnson, attorneys for defendant The Association for the Relief of Respectable, Aged and Indigent Females of the City of New York.
Mr. Henry B. Twombly, attorney for defendant Berkshire Industrial Farm.
Mr. Mendon Morrill, attorney for defendants Margaret Demarest Holland, et al., individually and as class representatives of descendants of first cousins, not of testator's blood, but whose relationship depends upon adoption.
Superior Court of New Jersey, Chancery Division.
GRIMSHAW, J.S.C.
Guilliam Bogert Demarest, a lifelong resident of Bergen County, died on March 17, 1952 leaving an estate of the approximate value of $2,800,000. The plaintiffs, as executors, being in doubt as to their duty, especially with reference to paragraph 5 of the will, seek the court's instructions.
The provision concerning which doubt has arisen is as follows:
"FIFTH: I give and bequeath the sum of ONE THOUSAND DOLLARS (...
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