IN RE ESTATE OF COE


77 N.J. Super. 181 (1962)

185 A.2d 696

IN THE MATTER OF THE ESTATE OF CHARLOTTE A. COE, DECEASED. PHILIP J. BOWERS & CO., A NEW JERSEY CORPORATION, PLAINTIFF v. THE NATIONAL NEWARK AND ESSEX BANKING COMPANY OF NEWARK, SUBSTITUTED TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF CHARLOTTE A. COE, DECEASED, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided November 5, 1962.


Attorney(s) appearing for the Case

Mr. Charles B. Niebling for plaintiff Philip J. Bowers & Co. (Messrs. Lum, Biunno & Tompkins, attorneys).

Mr. John C. Howell for The National Newark and Essex Banking Company of Newark, substituted trustee under the last will and Testament of Charlotte A. Coe, deceased, plaintiff and defendant in the respective actions (Messrs. Pitney, Hardin & Kipp, attorneys).

Mr. Thomas J. Bitar for defendants Harry P. Downs, Jr. and Barbara Y. Downs, his wife, Bertha Miller Downs, individually, and Bertha Miller Downs and Harry P. Downs, Jr. as executors under the last will and testament of Harry P. Downs, Sr., deceased (Messrs. Jeffers and Mountain, attorneys).

Mr. George Warren, guardian ad litem for Mary Gaddis Plum, pro se.

Mr. James E. Quinn for defendants, Theodora Tipton Warren and Margaret Anne Tipton Coles (Messrs. Morris, Downing & Sherred, attorneys).

Mr. Thomas V. Jardine for defendants Stephanie P. Guthrie, Edward A. Guthrie, Emeline P. Flanagan, John K. Flanagan, Malcolm Plum and Susan A. Plum (Messrs. Carey & Jardine, attorneys).

Mr. James D. Carton, III, for defendants William T. Plum, Jr. and Virgie S. Plum, his wife, Bertha Plum Anderson and Lonsdell Anderson, her husband, Lucetta Plum Churchill and Lester Churchill, her husband (Messrs. Durand, Ivins & Carton, attorneys).

Mr. Arthur J. Martin, Jr. for defendants Stephen H. Plum, Jr. (also known as Stephen H. Plum, III), Emilie Boyd Plum, Lucretia P. Stout, James H. Stout, Mary Plum Schneider and Hubert A. Schneider; and Stephen H. Plum, Jr., executor of the will of Martha J. Plum, deceased.


MINTZ, J.S.C.

Charlotte A. Coe ("testatrix") died on September 8, 1897 leaving a last will and testament dated September 1, 1897 which was duly admitted to probate. The National Newark and Essex Banking Company of Newark ("bank"), substituted trustee under said will, applies for instructions as to the proper method of distributing the corpus of the trust and for approval of its final account. This action was prompted by the death on September 13, 1960 of Theodora...

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