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IN RE ESTATE OF BENNER

152 N.J. Super. 435 (1977)

378 A.2d 34

IN THE MATTER OF THE ESTATE OF REUBEN H. BENNER, DECEASED.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1977.

Attorney(s) appearing for the Case

Mr. David G. Eynon argued the cause for defendants-appellants Girard Trust Bank and Marion J. Benner, executors of the estate of H. Tyler Benner, Jr. (Messrs. Farrell, Eynon, Madden & Lundgren, P.C., attorneys).

Mr. F. Morse Archer, Jr. argued the cause for plaintiffs-respondents Judith G. Benner and Marion B. Ohmart (Messrs. Archer, Greiner & Read, P.C., attorneys).

Mr. Charles F. Richman argued the cause for defendants-respondents Girard Trust Bank, H. Tyler Benner and Reuben H. Benner, 2d, trustees under the will of Reuben H. Benner.

Mr. William F. Hyland, Attorney General of New Jersey, filed a statement in lieu of brief for defendant-respondent Transfer Inheritance Tax Bureau, Division of Taxation, Department of the Treasury, State of New Jersey (Ms. Erminie L. Conley, Deputy Attorney General, of counsel; Mr. Martin L. Wheelwright, Deputy Attorney General, on the brief).

Before Judges LYNCH, MILMED and ANTELL.

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

Testator died in 1945. By his last will and testament he established successive life estates in residuary trust income for his wife Florence and his only living son H. Tyler Benner, Sr. The will further provides that "upon the decease of the survivor" of the wife and son the corpus is to be divided into two equal parts to be held in trust for the benefit of testator's grandsons Tyler, Jr. and Reuben 2d. Both...

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