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CHASE MANHATTAN BANK, ET AL. v. MITCHELL, ET AL.,

53 N.J. 415 (1969)

251 A.2d 128

THE CHASE MANHATTAN BANK OF THE CITY OF NEW YORK, AS ONE OF THE TRUSTEES UNDER THE LAST WILL AND TESTAMENT OF FREDERICK T. GATES, DECEASED, ET AL., PLAINTIFFS-RESPONDENTS, v. GRACE GATES MITCHELL, ET AL., DEFENDANTS-APPELLANTS, AND GERALD HUNTINGTON HOOPER, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 17, 1969.

Attorney(s) appearing for the Case

Mr. William R. Soons argued the cause for defendant-appellant Percival T. Gates (Mr. P. Charles DiLorenzo, on the brief; Messrs. Soons & Soons, attorneys).

Mr. Barry A. Osmun argued the cause for plaintiffs-respondents Chase Manhattan Bank, N.A. and Leverett F. Hooper (Mr. J.H. Lippincott, Jr., of counsel; Messrs. Stryker, Tams & Dill, attorneys).

Mr. George R. Harris argued the cause for defendants-respondents Gerald Huntington Hooper and Gail Hooper Gellman (Messrs. Keer, Booth, Buermann & Bate, attorneys).

PER CURIAM.

The testator died in 1929. By his will made in 1925 he provided for his widow for life, and for each of his children for their lives, with the corpus of each child's trust to go to that child's "descendants * * * per stirpes." His daughter Lucia and her husband adopted two children, one in 1934 and the other in 1938, both less than two years of age at the time of adoption. Lucia died in 1967, and the question is whether her adopted children...

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