In Re Greims' Will.

• Citation: 54 A.2d 219
• Decision Date: 01 July 1947
• Docket Number: No. 7835.,7835.
• Parties: In re GREIMS' WILL.
• Court: New Jersey Prerogative Court

54 A.2d 219

In re GREIMS' WILL.

No. 7835.

Prerogative Court of New Jersey.

July 1, 1947.

Proceeding in the matter of the probate of the last will of Herbert Spencer Greims, deceased. From an order admitting the will to probate and allowing counsel fees to be paid out of decedent's estate, Howard E. Greims, coexecutor, appeals insofar as it relates to counsel fees. On motion by James Gerard, Greims, coexecutor, to dismiss the petition of appeal.

Motion denied.

Syllabus by the Court

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1. It is elementary that coexecutors are regarded in the law as an individual fiduciary in the administration of the estate entrusted to them.

2. The manifest desirability of unity of action on the part of coexecutors, and the evils to be apprehended from diversity and independence in their activities have recommended the practice that the record in any such case should reveal the reason why a single executor institutes the proceeding.

3. The normal rule requiring concert of action among coexecutors must be subject to some qualifications where the controversy is inter sese.

Eichmann & Seiden, of Jersey City, for James Gerard Greims.

James A. McTague, of Jersey City, for appellant, Howard E. Greims.

Crawford Jamieson and Peter P. Walsh, Jr., both of Princeton, pro se.

JAYNE, Vice Ordinary.

One Herbert Spencer Greims, a resident of Princeton, New Jersey, died testate on August 6, 1946. On August 19, 1946, his will was admitted to probate by the surrogate of Mercer County and Howard E. Greims, the present appellant, Crawford Jamieson, and Peter P. Walsh, Jr., nominated as executors in the will, all duly qualified to administer the decedent's estate.

James Gerard Greims, an adopted son of the testator, prosecuted in the Mercer County Orphans' Court an appeal from the probate of the decedent's will which terminated in an affirmance of the order admitting the will to probate. The beneficiaries under the terms of the decedent's will are said to be Howard E. Greims, the appellant herein, Laura Greims Bartels, Mary Louise Lawser, Merton Ward Greims, Thomas Letford Greims, Marjorie Robinson, Eleanor Greims, and Spencer Greims.

The decree of affirmance entered in the Orphans' Court embraced the following paragraph:

‘And it is further ordered that a counsel fee of Five Thousand Dollars ($5000.) be allowed Crawford Jamieson and Peter P. Walsh, Jr., proctors for the proponents, the executors and trustees under the Last Will and Testament of Herbert Spencer Greims, deceased, said counsel fee to be divided between them by Crawford Jamieson receiving the sum of Three Thousand Five Hundred Dollars ($3500.) and Peter P. Walsh, Jr., receiving the sum of One Thousand Five Hundred Dollars ($1500.) together with their costs and trial expenses in the sum of Four Hundred Forty-five Dollars ($445.); and that a counsel fee of Two Thousand Dollars ($2000.) be allowed to James A. McTauge, proctor for the beneficiaries named under the Last Will and Testament of Herbert Spencer Greims, deceased, together with costs and trial expenses in the sum of Six Hundred Twenty-five and 16/100 Dollars ($625.16); and the Court being satisfied that the appellant had reasonable cause for contesting the validity of said Will, it is further ordered that a counsel fee of Three Thousand Five Hundred Dollars ($3500.) be allowed to Eichmann & Seiden, and Louis Gerber, proctors for the appellant, said counsel fee to be divided between them by Eichmann & Seiden receiving the sum of Two Thousand Seven Hundred Fifty Dollars ($2750.), and Louis Gerber receiving the sum of Seven Hundred Fifty ($750.) Dollars, together with their costs and trial expenses, in the sum of Two Hundred Forty-eight and 78/100 Dollars ($248.78), the aforesaid counsel fees, costs and expenses to be paid by Howard E. Greims, Crawford Jamieson and Peter P. Walsh, Jr., the executors named in said Last Will and Testament, out of the estate of the said testator.'

On April 30, 1947, Howard E. Greims filed in this court his petition of appeal in which he brings in question solely the propriety of the several allowances for costs, expenses, and counsel fees made payable out of the decedent's estate.

The proctors for James Gerard Greims now apply to this court for an order dismissing the petition of appeal. The reasons assigned are:

‘1. Howard E. Greims is one of three executors of the Last Will and Testament of Herbert Spencer Greims, deceased, and the appeal by said Howard E. Greims without the consent of the other two executors and without the other two executors joining in said appeal, is improvidently taken.

‘2. The appeal of Howard E. Greims as an executor of the Last Will and Testament of Herbert Spencer Greims is not an...