Commercial Trust Co. of N.J. v. Mason

Supreme Court of New Jersey
Commercial Trust Co. of N.J. v. Mason, 182 A. 875 (N.J. 1936)
119 N.J. Eq. 376; 1936 N.J. LEXIS 628
PER CURIAM.

Commercial Trust Co. of N.J. v. Mason

Opinion of the Court

Per Curiam.

The decree appealed from will be affirmed, for the reasons expressed in the opinion of Vice-Chancellor Lewis, and reported in 117 N. J. Eq. 171, sub nom. Commercial Trust Co. v. Spiegelberg.

The appeal is also from the allowance of counsel fees to the solicitor for George I. Mason and to the solicitor for the executors of Carrie Guggenheim, deceased. We conclude that *377 the allowances were reasonable and, since the litigation was conducted by appellants with a view to enriching the corpus of the estate, should be paid out of the corpus.

For affirmance —The Chief-Justice, Lloyd, Case, Bodine, Donges, Heher, Perskie, Hetfield, Dear, Wells, WolfsKeil, Rafferty, JJ. 12.

For reversal —None.

Reference

Full Case Name
Commercial Trust Company of New Jersey Et Al., Trustees, Complainants, v. George I. Mason, Petitioner-Respondent; Otto L. Myers and Clarence L. Myers, Executors, Defendants-Respondents, and Beulah v. Spiegelberg Et Al., Defendants-Appellants
Cited By
15 cases
Status
Published