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MEARS v. ADDONIZIO

765 A.2d 260 (2001)

336 N.J. Super. 474

George MEARS, Plaintiff, v. Eileen ADDONIZIO and Robert Wiltsie, Defendants, and Geoffrey Mears, Defendant-Respondent, and The Fleet Bank, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 22, 2001.

Attorney(s) appearing for the Case

Angela White Dalton, Red Bank, argued the cause for appellant (Foss, Bowe, San Filippo & Caruso, attorneys; Ms. Dalton, of counsel and on the brief).

David E. Shaver, Manasquan, argued the cause for respondent (Broege, Neumann, Fischer & Shaver, attorneys; Mr. Shaver, of counsel and on the brief).

Before Judges CIANCIA, ALLEY and BILDER.

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

Fleet Bank appeals the July 23, 1999, order of the Chancery Division which denied its application requesting approval of payment to it as trustee of certain attorneys' fees and commissions out of trust assets. The Bank and its predecessor banks have served since 1968 as the trustee under a Trust Agreement created by Geoffrey Mears. Several years ago, Geoffrey Mears employed...

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