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MORRISTOWN TRUST CO. v. McCANN

19 N.J. 568 (1955)

118 A.2d 16

MORRISTOWN TRUST COMPANY AND ARCHIBALD S. ALEXANDER, AS SUBSTITUTED ADMINISTRATORS WITH THE WILL ANNEXED OF HENRY WELSH ROGERS, DECEASED, AND SUBSTITUTED TRUSTEES UNDER HIS WILL, PLAINTIFFS-RESPONDENTS, v. JOSEPHINE CHESNEY McCANN, DEFENDANT-APPELLANT, AND VIRGIL CLINTON McCANN, THEIR UNBORN LAWFUL ISSUE, AND THE CHILD OR CHILDREN, IF ANY, WHO MAY BE ADOPTED BY THEM, THE TRUSTEES OF PRINCETON UNIVERSITY AND THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided November 14, 1955.

Attorney(s) appearing for the Case

Mr. Israel B. Greene argued the cause for the defendant-appellant Josephine Chesney McCann (Messrs. Greene & Hellring, attorneys).

Mr. George S. Fischler argued the cause for the plaintiffs-respondents.

Mr. Emory C. Risley argued the cause for the defendants-respondents, The Trustees of Columbia University in the City of New York and The Trustees of Princeton University (Messrs. Stryker, Tams & Horner, attorneys).

The opinion of the court was delivered by BURLING, J.

Plaintiffs, as substituted administrators c.t.a. and substituted trustees under the will of Henry Welsh Rogers, sought reimbursement of a proportionate share of federal and state death duties on testator's taxable estate from the defendant-appellant, Josephine Chesney McCann (hereinafter referred to as Josephine McCann). The latter had been the recipient of several inter vivos gifts which, upon the...

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