IN RE ARMOUR'S WILL


33 N.J. 517 (1960)

166 A.2d 376

IN THE MATTER OF THE TRUST ESTABLISHED UNDER ARTICLE SEVENTH OF THE LAST WILL AND TESTAMENT OF BERNARD R. ARMOUR, DECEASED, FOR THE BENEFIT OF TOBY ARMOUR SCHNEIDER (FORMERLY TOBY ARMOUR) AND OTHERS. CHASE MANHATTAN BANK, GEORGE L. ARMOUR AND GEORGE F. LEWIS, JR., AS TRUSTEES, ETC., PLAINTIFFS-RESPONDENTS, v. TOBY ARMOUR SCHNEIDER, DEFENDANT-APPELLANT, AND RUTH ARMOUR KAMEN AND HARRY L. TOWE, GUARDIAN AD LITEM, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 5, 1960.


Attorney(s) appearing for the Case

Mr. Elmer J. Bennett argued the cause for plaintiffs-respondents (Messrs. Carpenter, Bennett & Morrissey, attorneys; Mr. Stanley Weiss, on the brief).

Mr. Dickinson R. Debevoise argued the cause for defendant-appellant Toby Armour Schneider (Messrs. Riker, Danzig, Marsh & Scherer, attorneys; Mr. Richard L. Amster, of counsel).


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

The issue to be decided in this cause is whether plaintiffs, who are executors and trustees of decedent's estate, are entitled to double commissions on income which came into their hands as executors and was then transferred to themselves as trustees. The trial court denied the request but the Appellate Division concluded that such a grant was mandatory under N.J.S....

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