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IN RE ROGERS

30 N.J. Super. 479 (1954)

105 A.2d 28

IN THE MATTER OF THE ESTATE OF HENRY WELSH ROGERS, DECEASED. MORRISTOWN TRUST COMPANY AND ARCHIBALD S. ALEXANDER, AS SUBSTITUTED ADMINISTRATORS, ETC., AND JOSEPHINE CHESNEY McCANN, APPELLANTS, v. AARON K. NEELD, DEPUTY DIRECTOR, DIVISION OF TAXATION, DEPARTMENT OF THE TREASURY OF THE STATE OF NEW JERSEY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 1954.

Attorney(s) appearing for the Case

Mr. George S. Fischler argued the cause for appellants Morristown Trust Company, etc.

Mr. Israel B. Greene argued the cause for appellant Josephine Chesney McCann (Messrs. Greene & Hellring, attorneys; Mr. Bernard Hellring, of counsel).

Mr. William A. Moore, Deputy Attorney-General, argued the cause for respondent (Mr. Grover C. Richman, Jr., Attorney-General of New Jersey).

Before Judges EASTWOOD, JAYNE and SMALLEY.

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

It sometimes seems almost lamentable that the clandestine moral laxities of a popularly respected man are not permanently interred with his bones. But money talks. It can destroy the vows of secrecy and demolish trust and gratitude. It is the cause of many astonishing somersaults. However, judges are not expected to be pulpiteers, and it is law in relation to facts rather than sentimentality that must guide the...

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