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IN RE ESTATE OF WEHRHANE

23 N.J. 205 (1957)

128 A.2d 681

IN THE MATTER OF THE ESTATE OF CORA TALMAGE WEHRHANE, DECEASED.

The Supreme Court of New Jersey.

Decided January 14, 1957.

Attorney(s) appearing for the Case

Mr. Ira C. Moore, Jr., argued the cause for the plaintiffs-appellants John Gardiner Lord, Mally Graham Lord and Talmage Lord (Messrs. Whiting, Moore and Phillips, attorneys).

Mr. Everett M. Scherer argued the cause for the defendants-respondents Doris M. McGovern, The Hospital Center at Orange, St. John's Guild of the City of New York, New York Society for the Prevention of Cruelty to Children, and Community Service Society of New York (Messrs. Riker, Emery & Danzig, attorneys for The Hospital Center at Orange; Messrs. Soons & Soons, attorneys for St. John's Guild of the City of New York; Mr. Walter E. Cooper, attorney for Doris M. McGovern; Mr. William H. Campbell, Jr., attorney for New York Society for the Prevention of Cruelty to Children; Mr. Ronald A. Gulick, attorney for Community Service Society of New York).

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

Cora Talmage Wehrhane executed her last will on January 5, 1925 and passed away two months thereafter, leaving Henry Wehrhane, her husband, and their only child, Dorothy, surviving.

The testatrix directed that the residue of her estate be placed in trust and named her husband a life beneficiary. Upon the latter's death, income was to be paid to Dorothy for her life with the provision that

"Upon...

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