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MANUFACTURERS TRUST CO. v. EARLE

32 N.J. Super. 262 (1954)

108 A.2d 115

MANUFACTURERS TRUST COMPANY, A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF NEW YORK, AS EXECUTOR OF AND TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF ELLIS POTTER EARLE, DECEASED, PLAINTIFF, v. THEODORE L. EARLE, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided September 29, 1954.

Attorney(s) appearing for the Case

Messrs. Smith, Slingerland, Trauth & Holtz (Mr. Elmer F. Holtz appearing), attorneys for plaintiff.

Messrs. McGlynn, Weintraub & Stein (Mr. Joseph Weintraub appearing), attorneys for defendant Olive Earle.

Mr. George Warren, guardian ad litem, pro se.

SULLIVAN, J.S.C.

Plaintiff-trustee has filed a suit asking this court to construe decedent's will. Two main questions are presented:

Do the provisions of decedent's will, particularly "Article Twenty-sixth: Section 1," limit the powers of investment granted to a trustee under the Prudent Man Investment Statute, N.J.S. 3A:15-18 et seq.?

Under "Article Eighteenth" of decedent's will...

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