IN RE ESTATE OF BURKE


48 N.J. 50 (1966)

222 A.2d 273

IN THE MATTER OF THE ESTATE OF ELIZABETH WEST BURKE, DECEASED. TRUST FOR MADELEINE FORREST APPONYI (FORMERLY BURKE).

The Supreme Court of New Jersey.

Decided August 29, 1966.


Attorney(s) appearing for the Case

Mr. James C. Pitney argued the cause for defendants-appellants and cross-respondents Edith L. Wilkinson, Lawrence Wilkinson, J. Burke Wilkinson, Patricia Wilkinson Howard, Kenneth S. Walker, Mabel Burke Walker Lewis and Elizabeth Lee Walker Stoddard. (Messrs. Pitney, Hardin & Kipp, attorneys; Mr. Pitney, on the brief).

Mr. Donald B. Jones argued the cause for defendants-respondents and cross-appellants William Goldberg, et al., sub-assignees of Randolph Forrest Burke.

Mr. Paul E. Doherty argued the cause for defendant-respondent and cross-respondent The Chase Manhattan Bank, executor of the estate of Madeleine Forrest Apponyi, deceased.

Mr. Paul M. Hanlon argued the cause for defendant-respondent and cross-respondent Manufacturers Hanover Trust Company, surviving and successor trustee of the Trust created under Item V of the last will and testament of Elizabeth West Burke, deceased, for Madeleine Forrest Apponyi (formerly Burke). (Messrs. O'Mara, Schumann, Davis & Lynch, attorneys; Mr. Frederic W. Schumann and Mr. Hanlon, on the brief).


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

The question on this appeal is whether the remainder interest in one of three residuary trusts created by the will of Elizabeth West Burke pours over into the other two trusts or is to be disposed of as intestate property of the testatrix. It arises on the death of the life beneficiary by reason of the prior demise of all designated remaindermen in that trust. The will makes...

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