IN RE ESTATE OF MORTON


48 N.J. 42 (1966)

222 A.2d 185

IN THE MATTER OF THE ESTATE OF CHARLES F. MORTON, DECEASED. JOSEPH M. LEPIS, GUARDIAN AD LITEM FOR CARY EMIL BRAADT, ET AL., PLAINTIFF-APPELLANT, v. GLADYS M. BRAADT, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided August 4, 1966.


Attorney(s) appearing for the Case

Mr. Solomon Lubow argued the cause for plaintiff-appellant.

Mr. Louis Bort argued the cause for defendants-respondents Mildred Nelson Adams, Marion Louise Diehl, Robert Neal Nelson, and Neal Nelson as guardian of Edward Nelson, an incompetent.

Mr. Samuel Lanzet, guardian ad litem for Richard John Diehl, an infant, argued the cause pro se.

No appearance was made or brief filed on behalf of defendants-respondents Gladys M. Braadt, Shirley L. Young and Henry G. Hansen, Jr., or of defendants-respondents John A. Lyon, surviving trustee under the last will and testament of Charles F. Morton, deceased, and Alice Antille McVeigh and Charles S. McVeigh, Jr., executors of the last will and testament of Charles S. McVeigh, a deceased trustee under the last will and testament of Charles F. Morton, deceased.


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

This will construction case concerns the devolution of the remainder interest in the residuary trust under the testamentary estate of Charles F. Morton. The action was instituted by the trustees, after the death of the life beneficiary, to obtain the instructions of the court.

The problem is the usual one of the testator's intention. Beyond the will itself, obviously prepared by a lawyer, we have no extrinsic...

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