BRESLIN v. NEW JERSEY INVESTORS, INC.


70 N.J. 466 (1976)

361 A.2d 1

JOHN J. BRESLIN, SOLE SURVIVING TRUSTEE OF THE TRUSTS CREATED BY THE LAST WILL AND TESTAMENT OF WILLIAM O. ALLISON, DECEASED, PLAINTIFF-APPELLANT, v. NEW JERSEY INVESTORS, INC., A NEW JERSEY CORPORATION, JENNY G. MARTIN, INDIVIDUALLY AND AS EXECUTRIX AND TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF IVAR MARTIN, DECEASED, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 23, 1976.


Attorney(s) appearing for the Case

Mr. James A. Major argued the cause for Plaintiff-Appellant (Messrs. Major & Major, attorneys).

Mr. Richard J. Sauerwein argued the cause for Defendants-Respondents.

Mr. William F. Hyland, Attorney General of New Jersey, filed a Statement in Lieu of Brief (Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Walter S. Ameika, Jr., Deputy Attorney General, on the brief).


The opinion of the Court was delivered by CONFORD, P.J.A.D., Temporarily Assigned.

Plaintiff, as the sole surviving testamentary trustee of the William O. Allison estate, brought this action to recover for the conversion of assets of the estate. The Chancery Division held there was no cause of action against respondent Jenny G. Martin and her husband, Roy I. Martin, who had received a check on funds belonging to plaintiff's trust estate in payment for a mortgage sold...

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