Matter Of The Estate Of Eustace Cameron Butler

Decision Date03 January 1946
Docket NumberNo. 240.,240.
PartiesIn the Matter of the ESTATE of Eustace Cameron BUTLER, Deceased.
CourtNew Jersey Supreme Court

OPINION TEXT STARTS HERE

Appeal from Court of Chancery.

Robinson & Morris, for appellants.

Edward L. Stasse, Sr. and Edward L. Stasse, Jr., both of East Orange, for executors.

Luke M. McKenny, of East Orange, for trustees.

Lionel P. Kristeller, of Newark, for infant respondents.

PER CURIAM.

The decree appealed from will be affirmed for the reasons stated in the opinion filed in the Court below by Vice Chancellor. Bigelow, reported at 137 N.J.Eq. 48, 42 A.2d 857.

For affirmance: The CHIEF JUSTICE, Justices PARKER, BODINE, DONGES, HEHER, PERSKIE, COLIE, and OLIPHANT, and Judges WELLS, RAFFERTY, and FREUND-11.

For reversal: Justice CASE and Judges DILL and McGEEHAN-3.

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4 cases
  • Mirinda v. King
    • United States
    • New Jersey Superior Court — Appellate Division
    • January 3, 1951
    ...137 N.J.Eq. 256, 44 A.2d 210 (E. & A.1945); In re Butler's Estate, 137 N.J.Eq. 48, 42 A.2d 857 (Prerog. 1945), affirmed 137 N.J.Eq. 457, 45 A.2d 598 (E. & A.1946); Wilber v. Asbury Park Nat'l Bank & Trust Co., 142 N.J.Eq. 99, 59 A.2d 570 (Ch.1948), affirmed 2 N.J. 167, 65 A.2d 843 An intere......
  • Ministers and Missionaries Ben. Bd. of Am. Baptist Convention v. McKay
    • United States
    • New York Supreme Court
    • May 27, 1970
    ...decide on the point were the point to be decided in New Jersey. (VI) In re Butler, 137 N.J.Eq. 48, 42 A.2d 857 (1945), aff'd 137 N.J.Eq. 457, 45 A.2d 598 (1946) is a precedent that required study. The testator had bequeathed his residuary estate to trustees 'to use the income thereof to pro......
  • Wilber v. Asbury Park Nat. Bank & Trust Co.
    • United States
    • New Jersey Court of Chancery
    • May 26, 1948
    ...the other it would be valid and operative, the latter must be preferred.’ In Re Butler, 137 N.J.Eq. 48, 42 A.2d 857, affirmed 137 N.J.Eq. 457, 45 A.2d 598, it was held that the question is not what the testator desired to accomplish, but what will be the result of the trust upon the communi......
  • Carr v. Fed. Ship Bldg. & Drydock Co.
    • United States
    • New Jersey Supreme Court
    • February 4, 1946

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