IN RE ESTATE OF SEABROOK


127 N.J. Super. 135 (1974)

316 A.2d 698

IN THE MATTER OF THE ESTATE OF CHARLES F. SEABROOK, DECEASED. THE BANK OF NEW JERSEY AND LEO P. DORSEY, TWO OF THE EXECUTORS UNDER THE WILL OF CHARLES F. SEABROOK, APPELLANTS, v. WESTMINSTER CHOIR COLLEGE, BOARD OF EDUCATION OF UPPER DEERFIELD, PRINCETON THEOLOGICAL SEMINARY AND THE DEERFIELD PRESBYTERIAN CHURCH, CROSS-APPELLANTS-RESPONDENTS, AND BELFORD L. SEABROOK, JOHN W. SEABROOK, ET ALS., CLARENCE B. McCORMICK, ROBERT A. SIDUR AND DONALD G. McALLISTER, REMAINING EXECUTORS UNDER THE WILL OF CHARLES F. SEABROOK, ET ALS., RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 1974.


Attorney(s) appearing for the Case

Messrs. Hyland, Davis & Reberkenny, attorneys for appellants The Bank of New Jersey and Leo P. Dorsey (Mr. William F. Hyland, of counsel).

Messrs. Archer, Greiner and Read, attorneys for cross-appellants-respondents Westminster Choir College and Board of Education of Upper Deerfield (Mr. Peter E. Driscoll, of counsel).

Messrs. Meyner and Wiley, attorneys for cross-appellants-respondents Princeton Theological Seminary and Deerfield Presbyterian Church (Mr. Thomas D. Hogan, on the brief).

Messrs. Clapp & Eisenberg, attorneys for respondents Belford L. Seabrook, as executors under the will of Norma Dale Seabrook, and John M. Seabrook and C. Courtney Seabrook, individually (Mr. Alfred C. Clapp, of counsel).

Messrs. Richman, Berry, Ferren & Tyler, attorneys for respondents Orlando, Holweiler & Yampell, Esqs., attorneys for the Estate of Charles F. Seabrook (Mr. Grover C. Richman, on the brief).

Messrs. Crowell and Otten, attorneys for respondents Patricia B. Otten et al.

Messrs. Shapiro, Brotman, Eisenstat and Capizola, and Mr. Santo Salvo and Mr. Frank Ferry, attorneys for respondents Clarence B. McCormick, Donald G. McAllister, Robert A. Sidur and South Jersey National Bank, as executors of the estate of Samuel P. Orlando.

Messrs. Stryker, Tams & Dill, attorneys for respondent Thelma Seabrook Sidur.

Mr. David L. Horuvitz, for respondents Belford L. Seabrook, individually and Charles F. Seabrook, II.

Before Judges CONFORD, HANDLER and MEANOR.


The opinion of the court was delivered by CONFORD, P.J.A.D.

These are appeals from that part of an order entered in the Chancery Division fixing executors' commissions on corpus and fees for counsel to the executors in the administration of the estate of Charles F. Seabrook, who died October 20, 1964. Certain of the appellants originally appealed also the denial by the court of a demand by income beneficiaries that earnings of a corporation wholly owned by the testator...

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