BD. OF DIRECTORS, AJAX, ETC. v. 1ST NAT. BK. OF PRINCETON


33 N.J. 456 (1960)

165 A.2d 513

BOARD OF DIRECTORS OF AJAX ELECTROTHERMIC CORPORATION, PLAINTIFF-RESPONDENT, v. THE FIRST NATIONAL BANK OF PRINCETON, ET AL., DEFENDANTS-RESPONDENTS, AND DAVID D. FURMAN, ATTORNEY GENERAL OF NEW JERSEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided November 21, 1960.


Attorney(s) appearing for the Case

Mr. Murry Brochin, Deputy Attorney General, argued the cause for the defendant-appellant (Mr. David D. Furman, Attorney General, pro se; Mr. Morton I. Greenberg, Deputy Attorney General, on the brief).

Mr. H. Collin Minton, Jr., argued the cause for the plaintiff-respondent and defendants-respondents.

Messrs. Minton, Dinsmore & Bohlinger, attorneys for plaintiff-respondent, Board of Directors of Ajax Electrothermic Corporation (Mr. H. Collin Minton, Jr., on the brief).

Messrs. Scammell & Reese, attorneys for defendant-respondent, First Group of Employees (Mr. J. Mitchell Reese, on the brief).

Messrs. Backes & Backes, attorneys for defendant-respondent, Second Group of Employees (Mr. Herbert W. Backes, on the brief).

Messrs. Katzenbach, Gildea & Rudner, attorneys for defendant-respondent, Third Group of Employees (Mr. Horace J. Farlee, on the brief).

Mr. John F. McCarthy, Jr., attorney for defendant-respondent, Edith Northrup (Mr. Peter T. Bacsik, on the brief).

Mr. Maurice E. Gold, attorney for defendant-respondent, First Trenton National Bank, Administrator c.t.a. of the Estate of George F. Applegate, deceased.

Messrs. Abbotts & Abbotts and Mr. John Abbotts, attorneys for defendant-respondent Frank Chestnut.

Messrs. Scott, Fox & Walsh and Mr. Frank V. Walsh, Jr., attorneys for defendant-respondent Howard F. Tomlinson, individually, etc.

Messrs. Mason, Griffin, Moore & Cook, attorneys for defendant-respondent, The First National Bank of Princeton, trustee of trust under last will and testament of Edwin Fitch Northrup, deceased (Mr. Ralph S. Mason, of counsel).


The opinion of the court was delivered by PROCTOR, J.

This is an appeal from a judgment of the Superior Court, Chancery Division, permitting acceleration and termination of a testamentary trust. The Attorney General took an appeal which this court certified on its own motion before hearing in the Appellate Division.

On April 29, 1940 Edwin Fitch Northrup died, leaving a will, dated January 31, 1939, which established a trust with net income to go to his wife...

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