TP. OF CINNAMINSON v. FIRST CAMDEN NAT. BK. & TR.


99 N.J. Super. 115 (1968)

238 A.2d 701

THE TOWNSHIP OF CINNAMINSON, A MUNICIPAL CORPORATION; THEODORE M. KOSTOS; MARTIN MARGOLIT AND MARILYN MARGOLIT, HIS WIFE, PLAINTIFFS, v. FIRST CAMDEN NATIONAL BANK AND TRUST COMPANY, SUBSTITUTED TRUSTEE SUSAN LIPPINCOTT TRUST FUND; MOORESTOWN FREE LIBRARY ASSOCIATION; RIVERTON FREE LIBRARY ASSOCIATION AND THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided January 25, 1968.


Attorney(s) appearing for the Case

Mr. William B. Colsey, III for plaintiffs (Messrs. Powell and Davis, attorneys).

Mr. Charles F. Richman for defendant First Camden National Bank and Trust Company, substituted trustee Susan Lippincott Trust Fund.

Mr. Charles A. McGeary for defendant Moorestown Free Library Association (Messrs. Bleakly, Stockwell & Zink, attorneys).

Mr. Blaine E. Capehart for defendant Riverton Free Library Association, (Messrs. Capehart and Scatchard, attorneys).


WICK, J.S.C.

This is an action to have the funds of certain testamentary charitable trusts which have been awarded to defendants by order of the court under the doctrine of cy pres now awarded to plaintiffs in accordance with the original special intents of testatrices-settlors of these trusts on the ground that circumstances have now arisen which make fulfillment of that intent possible and practicable. The facts are as set forth below.

Under the will...

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