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SHARPLESS v. MEDFORD MONTHLY MEETING OF RELIGIOUS SOC.

228 N.J. Super. 68 (1988)

548 A.2d 1157

FRANCIS SHARPLESS, TRUSTEE UPPER EVESHAM PREPARATIVE MEETING AND EDWARD C. JENNINGS, TRUSTEE MEDFORD MONTHLY MEETING OF THE RELIGIOUS SOCIETY OF FRIENDS, JOSEPH B. ENGLE, PLAINTIFFS-APPELLANTS, v. MEDFORD MONTHLY MEETING OF THE RELIGIOUS SOCIETY OF FRIENDS, MIDLANTIC NATIONAL BANK, IRWIN KIMMELMAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 5, 1988.

Attorney(s) appearing for the Case

Judith Jennings, attorney for appellants (Judith Jennings on the briefs).

Wayne Partenheimer, attorney for respondent Medford Monthly Meeting of the Religious Society of Friends (Wayne Partenheimer on the brief).

W. Cary Edwards, Attorney General of New Jersey, attorney for respondent Attorney General of New Jersey (William P. Malloy, Deputy Attorney General, on the letter brief).

Respondent Midlantic National Bank's brief was suppressed.

Before Judges ANTELL, HAVEY and BROCHIN.

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

Plaintiffs appeal from a final judgment permitting defendant Medford Monthly Meeting of the Religious Society of Friends (Medford Meeting) to combine graveyard trust funds and to apply part of the trust income for meeting purposes other than the maintenance of graveyard sites. The issue raised is whether the doctrine of cy pres may be applied to the surplus trust income so as to permit Medford Meeting...

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