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STREET, ET AL. v. NAT. NEWARK & ESSEX BANK

121 N.J. Super. 586 (1972)

298 A.2d 289

ROBERT E. STREET, ET AL., PLAINTIFFS, v. NATIONAL NEWARK & ESSEX BANK, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided December 7, 1972.

Attorney(s) appearing for the Case

John F. Richardson (Richard T. Ludwig, of counsel on the brief), attorney for Plaintiffs.

William R. Beilig, attorney for Defendant.

KIMMELMAN, J.S.C.

By this summary action the life income beneficiary and two remaindermen of a testamentary trust seek to accelerate and thereby terminate the trust. They contend that the class of remaindermen who are the issue of the life beneficiary has been effectively closed by reason of a vasectomy performed upon the life beneficiary which rendered him sterile. The trustee does not dispute the fact of the operation or its effect, but withholds its consent to...

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