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IN RE ARMOUR

145 N.J. Super. 47 (1976)

366 A.2d 1009

IN THE MATTER OF THE TRUST UNDER ARTICLE ELEVENTH OF THE LAST WILL AND TESTAMENT OF BERNARD R. ARMOUR, DECEASED, FOR THE BENEFIT OF THE ISSUE OF RACHEL ARMOUR DOYLE, FORMERLY RACHEL ARMOUR.

Superior Court of New Jersey, Chancery Division.

Decided August 4, 1976.

Attorney(s) appearing for the Case

Mr. Elmer J. Bennett, for the trustees and the Executors (Messrs. Carpenter, Bennett & Morrissey, attorneys).

Mr. Allan H. Klinger, guardian ad litem. (Messrs. Jones, Cuccio & Klinger, attorneys).

Mr. Joseph Dunn, for income beneficiaries Ruth Armour Kamen and Toby Armour Schneider (Messrs. Cummins, Dunn, Horowitz & Pashman, attorneys).

Ms. Margaret M. Hayden and Mr. Marshall Perlin (of the New York Bar), for Joshua Klein. (Messrs. Ball, Hayden, Livingston & Nelson, attorneys).

GELMAN, J.S.C.

Bernard R. Armour executed his last will and testament in 1944. By its provisions, which became effective upon his death in 1949, a trust consisting of one-third of his residuary estate was established for the benefit of his daughter Rachel Armour. The trustees were directed to accumulate the trust income and apply so much of the net income as, in their discretion, was needed for Rachel's education, support, and maintenance until Rachel attained the...

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