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HOWARD SAVINGS INST. OF NEWARK v. PEEP

34 N.J. 494 (1961)

170 A.2d 39

THE HOWARD SAVINGS INSTITUTION OF NEWARK, NEW JERSEY, EXECUTOR UNDER THE WILL OF C. EDWARD McKINNEY, JR., DECEASED, PLAINTIFF-APPELLANT, v. FLORENCE PEEP AND ALBERT HUGHEY, DEFENDANTS-CROSS-APPELLANTS, AND THE TRUSTEES OF AMHERST COLLEGE, ALICE J. STEVENS AND THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 10, 1961.

Attorney(s) appearing for the Case

Mr. William D. Hardin argued the cause for the plaintiff-appellant (Messrs. Smith, Slingerland, Trauth & Holtz, attorneys; Messrs. Pitney, Hardin & Ward, of counsel).

Mr. Michael N. Chanalis argued the cause for the defendants-cross-appellants, Florence Peep and Albert Hughey, and defendant-respondent Alice J. Stevens (Messrs. Chanalis, Lynch & Maloney, attorneys).

Mr. Irving Riker and Mr. Eustace Seligman, the latter of the New York Bar, argued the cause for the defendant-respondent, The Trustees of Amherst College (Messrs. Riker, Danzig, Marsh & Scherer, attorneys; Messrs. Irving Riker, Austin W. Scott, of the Massachusetts Bar, and Eustace Seligman, of counsel).

The Attorney General filed a statement in lieu of brief.

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

This appeal and cross appeal from a judgment of the Chancery Division primarily involve the question of whether that court properly applied the doctrine of cy pres to the terms of a trust established by the will of C. Edward McKinney, Jr. Mr. McKinney, a resident of the City of East Orange, died on October 21, 1957. His will, admitted to probate by the Surrogate of Essex County on November 6, 1957, designates...

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