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NEWBERRY v. NEELD

46 N.J. Super. 216 (1957)

134 A.2d 505

EDGAR A. NEWBERRY, ALICE M. NEWBERRY, AND JOHN J. NEWBERRY, JR., EXECUTORS OF THE LAST WILL AND TESTAMENT OF JOHN J. NEWBERRY, DECEASED, APPELLANTS, v. AARON K. NEELD, DIRECTOR, DIVISION OF TAXATION, DEPARTMENT OF THE TREASURY, STATE OF NEW JERSEY, RESPONDENT. IN THE MATTER OF THE TRANSFER INHERITANCE TAX ASSESSMENT IN THE ESTATE OF JOHN J. NEWBERRY, DECEASED.

Superior Court of New Jersey, Appellate Division.

Decided August 27, 1957.

Attorney(s) appearing for the Case

Mr. Thomas L. Zimmerman argued the cause for appellants.

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

Before Judges CLAPP, DAVIDSON and SULLIVAN.

The opinion of the court was delivered by SULLIVAN, J.S.C. (temporarily assigned).

Plaintiffs, executors of the estate of John J. Newberry, deceased, appeal from a transfer inheritance tax assessment in the estate of John J. Newberry, deceased, made by the Transfer Inheritance Tax Bureau of the Division of Taxation.

So far as this appeal is concerned, the will of the decedent established a trust of the residuary...

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