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FIDELITY UNION TRUST CO. v. STENGEL

43 N.J. Super. 513 (1957)

129 A.2d 302

FIDELITY UNION TRUST COMPANY, AS SUBSTITUTED TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF C.E. HENRY STENGEL, DECEASED, PLAINTIFF-RESPONDENT, v. HENRY IVAN STENGEL, CARL RAYMOND STENGEL, ALSO KNOWN AS K. RAYMOND STENGEL, INDIVIDUALLY AND AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF ANNIE MAY STENGEL, DECEASED, DEFENDANTS-RESPONDENTS, AND INEZ STENGEL GAY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 13, 1957.

Attorney(s) appearing for the Case

Mr. Edward J. Brown argued the cause for plaintiff-respondent (Messrs. Riker, Emery & Danzig, attorneys).

Mr. Edward J. Russo argued the cause for Henry Ivan Stengel, Carl Raymond Stengel, also known as K. Raymond Stengel, individually and as executor of the last will and testament of Annie May Stengel, deceased, defendants-respondents (Messrs. Nugent & Rollenhagen, attorneys. Mr. Frederick M. Rollenhagen, of counsel).

Mr. Austin B. Johnson, Jr., argued the cause for Inez Stengel Gay, defendant-appellant.

Before Judges CLAPP, JAYNE and FRANCIS.

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

The appellant, Mrs. Inez Stengel Gay, is one of the three remaindermen of a trust fund created by the will of her grandfather, C.E. Henry Stengel, of which fund the Fidelity Union Trust Company is presently the sole substituted trustee. She appeals from a judgment of the Superior Court, Chancery Division, insofar as the judgment directs the trustee to pay certain income of the fund to the executor of her grandmother...

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