IN RE WHARTON


47 N.J. Super. 42 (1957)

135 A.2d 187

IN THE MATTER OF THE ESTATE OF WILLIAM W. WHARTON, DECEASED. MARY M. WHARTON MILLER, CO-TRUSTEE OF THE ESTATE OF WILLIAM W. WHARTON, DECEASED, APPELLANT, AND BEACH HAVEN NATIONAL BANK AND TRUST COMPANY, CO-TRUSTEE OF THE ESTATE OF WILLIAM W. WHARTON, DECEASED, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 11, 1957.


Attorney(s) appearing for the Case

Mr. Loren C. Lewis argued the cause for appellant (Messrs. Veeder, Veeder & Briggs, attorneys).

Mr. Joseph J. Summerill, III, argued the cause for respondent (Messrs. Berry, Whitson & Berry, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.


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

Mary M. Wharton Miller, co-trustee and life beneficiary of a testamentary trust created under the will of William W. Wharton, appeals from that part of a County Court, Probate Division, judgment allowing the trustees' first account which awarded a $5,000 counsel fee to the attorneys for the trustees. She claims the award was excessive.

Testator had appointed the Beach Haven National Bank and Trust...

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