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IN RE ESTATE OF MOSES

58 N.J. Super. 67 (1959)

155 A.2d 273

IN THE MATTER OF THE ESTATE OF JAMES MOSES, DECEASED, LATE OF THE BOROUGH OF SPRING LAKE, MONMOUTH COUNTY, NEW JERSEY, LAURA M. BRINTON AND ETHEL R. MERRILL, INDIVIDUALLY AND AS TRUSTEES UNDER THE LAST WILL AND TESTAMENT OF JAMES MOSES, DECEASED, PLAINTIFFS-APPELLANTS, AND LYDIA MERRILL FRITZ, MARY WHITE WATKINS, ELEANOR CHAMBERLIN, EDWARD M. CHAMBERLIN AND LAURA CHAMBERLIN CAMPBELL, DEFENDANTS-APPELLANTS, AND JOAN ISELIN HYDE, DEFENDANT-APPELLANT, v. PETER MERRILL WATKINS, DEFENDANT-RESPONDENT, AND ERIC WATKINS ET ALS., INFANTS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 9, 1959.

Attorney(s) appearing for the Case

Mr. Ralph E. Lum, Jr., argued the cause for plaintiffs-appellants (Messrs. Lum, Fairlie & Foster, attorneys).

Mr. Arnold Tulp argued the cause for defendants-appellants and defendant-appellant.

Mr. Joseph R. Megill argued the cause pro se as representative for unborn issue and guardian ad litem for defendants-respondents Eric Watkins et als.

Before Judges PRICE, GAULKIN and SULLIVAN.

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

This is a will construction case. It involves the question of whether a testamentary trust may be partially terminated at this time and, if so, to whom should the distribution of the terminated trust corpus be made.

James Moses died a resident of Spring Lake, New Jersey, on October 8, 1920, leaving a will dated May 15, 1918, which has been admitted...

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