In the Matter of the TRUST CREATED BY AGREEMENT DATED DECEMBER 20, 1961, BY AND BETWEEN John Seward JOHNSON, Grantor, and Philip B. HOFFMAN, Gustav O. LIENHARD and Kenneth PERRY, Trustees (known as the John Seward Johnson 1961 Charitable Trust) (Four Cases).
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued November 7, 2005.
Decided August 17, 2006.
Attorney(s) appearing for the Case
Joseph C. Mahon, Princeton, argued the cause for appellants/cross-respondents Eric B. Ryan and Hillary A Ryan in A-1487-03T1 (Cooper Levenson April Niedelman & Wagenheim, attorneys; Mr. Mahon and Gerard W. Quinn, Atlantic City, on the brief), and respondents Eric B. Ryan and Hillary A. Ryan in A-1820-03T1 (Mr. Mahon, on the brief).
Eugene M. Purcell, Bedminister, argued the cause for appellant Joseph R. Purcell, guardian ad litem for the minor great grandchildren of J. Seward Johnson in A-1785-03T1 (Purcell, Ries, Shannon, Mulcahy & O'Neill, attorneys; Mr. Eugene M. Purcell, Joseph R. Purcell, Susan M. Lawless and Mary Jean Barnes, on the brief).
Rosalind Westlake, North Brunswick, argued the cause for appellant William A.K. Ryan in A-1820-03T1 (Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl, attorneys; Ms. Westlake, of counsel and on the brief).
Richard F. Collier, Princeton, argued the cause for appellants/cross-respondents Alice Ryan Bower and Roderick Newbold Ryan in A-2059-03T1 and respondents Alice Ryan and Roderick Newbold Ryan in A-1820-03T1 (Collier & Basil, attorneys, Mr. Collier, on the briefs).
Alan S. Naar, Woodbridge, argued the cause for respondent-cross appellant Martin Richards in A-1487-03T1, A-1785-03T1, A-1820-03T1 and A-2059-03T1 (Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, attorneys; Mr. Naar, of counsel and on the briefs; Olivier Salvagno, on the briefs).
Howard W. Burns, Jr., New York City, argued the cause for cross-respondent Quentin Regis Ryan in A-1487-03T1, 1785-03T1, A-1820-03T1 and A-2059-03T1.
Before Judges CUFF, PARRILLO and HOLSTON, JR.
Superior Court of New Jersey, Appellate Division.
PER CURIAM.
These appeals involve construction of a 1961 charitable trust settled by J. Seward Johnson (Johnson or the grantor). The principal issue is whether the grantor intended, by use of the term "spouse" in the trust instrument, to include a surviving or divorced spouse as an eligible beneficiary at termination of the charitable lead trust.
The issues in this case were first disposed of almost nine years ago by summary judgment after the trustees of...
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