IN RE PISTOR


53 N.J. Super. 139 (1958)

146 A.2d 685

IN THE MATTER OF THE ESTATE OF MARY M.F. PISTOR, DECEASED (TRUST FOR THE BENEFIT OF PAULINE SAINSBURY, ET AL.).

Superior Court of New Jersey, Appellate Division.

Decided December 12, 1958.


Attorney(s) appearing for the Case

Mr. Rodman C. Herman argued the cause for appellant Daisy Harvey Sainsbury, individually and as administratrix of the estate of Noel E. Sainsbury, deceased (Mr. Parnell J.T. Callahan, of the New York Bar, on the brief).

Mr. Maurice Levinthal argued the cause for respondent John S. Sainsbury, Jr., by his guardian ad litem, Dorothy S. Rosenberger (Messrs. Ward & Levinthal, attorneys).

Mr. Coleman Burke argued the cause for respondent Wayne Sainsbury Rae (Messrs. Bourne, Schmid, Burke & Noll, attorneys).

Mr. William C. Connelly argued the cause for respondent Fidelity Union Trust Company, substituted trustee of the trust created under paragraph Eleventh of the last will and testament and codicils thereto of Mary M.F. Pistor, deceased, for the benefit of Pauline Sainsbury et al. (Messrs. Riker, Emery & Danzig, attorneys; Mr. Edward J. Brown, of counsel; Mr. Connelly, on the brief).

Before Judges GOLDMANN, CONFORD and FREUND.


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

Daisy Harvey Sainsbury appeals from that part of the final judgment entered by the Essex County Court, Probate Division, determining that Wayne Sainsbury Rae and John S. Sainsbury, Jr., are each entitled to half the corpus of the trust estate held by Fidelity Union Trust Company, as substituted trustee of the trust created under paragraph Eleventh of the last will and testament and codicils thereof...

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