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HERITAGE BANK-NORTH, N.A. v. HUNTERDON MED. CEN.

164 N.J. Super. 33 (1978)

395 A.2d 552

HERITAGE BANK-NORTH, N.A., PLAINTIFF-APPELLANT, v. HUNTERDON MEDICAL CENTER, FIRST PRESBYTERIAN CHURCH OF MENDHAM, FLEMINGTON PRESBYTERIAN CHURCH AND CAROLYN ELIZABETH CLARK, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 29, 1978.

Attorney(s) appearing for the Case

Mr. Clifford W. Starrett argued the cause for appellant (Messrs. Schenck, Price, Smith & King, attorneys).

Mr. Lyndell M. Carlin, Jr. argued the cause for respondent First Presbyterian Church of Mendham (Messrs. Belson and Carlin, attorneys).

Mr. Robert F. Danziger argued the cause for respondent Flemington Presbyterian Church (Messrs. Large, Scammell & Danziger, attorneys).

Mr. Waldo H. Carkhuff argued the cause for respondent Carolyn Elizabeth Clark (Messrs. San Filippo, Matthews & Carkhuff, attorneys).

Before Judges CONFORD, PRESSLER and KING.

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

Plaintiff Heritage Bank-North, N.A. (bank) is both the trustee under a trust agreement executed by testatrix Olive B. Babbitt and the executor of her pour-over will executed in conjunction with the trust. It appeals from that portion of a judgment entered by the Chancery Division approving a compromise among the three remaindermen1 of the testamentary trust, defendant charities...

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