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IN RE ESTATE OF WEHRHANE

149 N.J. Super. 41 (1977)

372 A.2d 1365

IN THE MATTER OF THE ESTATE OF CORA TALMAGE WEHRHANE, DECEASED.

Superior Court of New Jersey, Chancery Division.

Decided April 1, 1977.

Attorney(s) appearing for the Case

Mr. Robert E. Swanson for United States Trust Company of New York, successor trustee under the estate of Cora T. Wehrhane.

Mr. William B. Lawless, a member of the New York Bar, argued the cause for defendant John Gardiner Lord (Messrs. Hawkins, Delafield and Wood, attorneys of counsel), and Mr. William P. Ford, attorney.

Mr. Everett M. Scherer for defendants The Hospital Center at Orange, Community Services for the Prevention of Cruelty to Children, and St. John's Guild (Messrs. Riker, Danzig, Scherer and Debevoise, attorneys).

Mr. Dean A. Gaver, Mr. Ashley Steinhart and Mr. Robert C. Epstein argued the cause for defendants David T. McGovern and Coleman B. McGovern, executors of the estate of Doris M. McGovern and Maud Pilkington Blacker, Ind. (Messrs. Hannoch, Weisman, Stern and Besser, attorneys).

Mr. George Warren appeared on behalf of Mally Lord Ramos, Talmage Lord and Jennifer R. Lord (Messrs. Warren, Goldberg and Berman, attorneys).

LESTER, J.S.C.

This case comes before the court on the third intermediate accounting of the trust under the will of Cora T. Wehrhane. One a prior accounting the New Jersey Supreme Court held that a provision in a will leaving property to "issue" of another is presumed not to include the adopted child of the daughter of the testatrix. We are now asked to reconsider the question based on subsequent changes in the decisional law of this State. The case raises a substantial...

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