IN RE ESTATE OF NICOL


152 N.J. Super. 308 (1977)

377 A.2d 1201

IN THE MATTER OF THE ACCOUNT OF THE TRUSTEE OF THE ESTATE OF MINNIE E. NICOL, DECEASED.

Superior Court of New Jersey, Appellate Division.

Decided July 15, 1977.


Attorney(s) appearing for the Case

Mr. W. Richard Kahn, guardian ad litem for infants Christopher B. Bensley, Jennifer Bensley and Zachariah Bensley, appellant, argued the cause pro se.

Mr. James R. Hillas, Jr., guardian ad litem for infants John Stanley Hickman and Brooks Allen Hickman, respondent, argued the cause pro se.

Respondent trustee, United States Trust Company of New York, did not file a brief.

Before Judges MATTHEWS, SEIDMAN and HORN.


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

In its complaint to settle the final account of the trust established under the last will and testament of Minnie E. Nicol, deceased, The United States Trust Company also sought a construction of that portion of the will which directed the trustee, upon the termination of the trust, to divide the principal thereof into as many equal parts "as there are issue...

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