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BEHRMAN v. EGAN

16 N.J. 97 (1954)

106 A.2d 284

HARRY BEHRMAN, ET AL., TRUSTEES UNDER A TRUST AGREEMENT DATED DECEMBER 26, 1934, BETWEEN THEM AND THE FRANKLIN TRUST COMPANY OF PATERSON, PLAINTIFFS-APPELLANTS, v. JOHN J. EGAN AND GEORGE LENDRIM, AS REPRESENTATIVES OF THE HOLDERS OF CLASS "A" CERTIFICATES; AND WILLIAM E. BROWNE AND MOSES I. FULD, AS REPRESENTATIVES OF THE HOLDERS OF CLASS "B" CERTIFICATES, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 28, 1954.

Attorney(s) appearing for the Case

Mr. William W. Evans argued the cause for the appellants (Messrs. Evans, Hand and Evans, attorneys).

Mr. Samuel Kaufman argued the cause for the respondent Catherine Mohlengraf et al. (Messrs. Bilder, Bilder & Kaufman, attorneys; Mr. John M. Kaufman on the brief).

Mr. George F. Miller argued the cause for the respondent intervenors (Messrs. Frankel & Frankel and Mr. Herman H. Singer, attorneys).

Mr. Albert S. Gross argued the cause for the respondents, Egan, Lendrim, Browne and Fuld (Mr. Walter J. Hunziker and Mr. Vincent C. Duffy, attorneys).

Mr. Hugh C. Spernow argued the cause for the respondents Wiley, Block & White.

PER CURIAM.

For the reasons expressed by Judge Grimshaw in three opinions reported in 17 N.J.Super. 598 (Ch. Div. 1951), 25 N.J.Super. 109 (Ch. Div. 1953), and 31 N.J.Super. 95 (Ch. Div. 1953) (the last being dated July 22, 1953), the judgment below is affirmed except in the following particulars:

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