Teeter v. Duncan

Supreme Court of New Jersey December 13, 1954

Teeter v. Duncan, 17 N.J. 40 (N.J. 1954)

110 A.2d 54; 1954 N.J. LEXIS 178

Affirmance, Brennan, Burling, Heher, Jacobs, None, Oliphant, Reversal, Wacheneeld, Yanderbilt

Opinion of the Court

Per Curiam.

The judgment of the Chancery Division of the Superior Court is affirmed as to the matters appealed from *41for the reasons expressed in the opinion filed in that court by Judge Ewart and reported at 33 N. J. Super. 242.

We find no merit in the cross-appeal from the award of counsel fees. The trustees raised the question of the construction of the will in their complaint and there was clearly reasonable doubt as to its meaning. We affirm the trial court’s decision on this point.

For affirmance — Chief Justice Yanderbilt, and Justices Heher, Oliphant, Wacheneeld, Burling, Jacobs and Brennan — Y For reversal — None.

Reference

Full Case Name: IN THE MATTER OF THE ESTATE OF EMILE PFIZER, ALBERT A. TEETER AND NATIONAL CITY BANK OF NEW YORK, TRUSTEES UNDER THE LAST WILL AND TESTAMENT OF EMILE PFIZER, PLAINTIFFS-RESPONDENTS v. OLIVER DUNCAN, AS OF THE WILL OF HELEN DUNCAN, AND THE CITY OF NEW YORK, ETC., AND ASSOCIATION FOR THE AID OF CRIPPLED CHILDREN, DEFENDANTS-RESPONDENTS, AND THE PRESBYTERIAN HOSPITAL IN THE CITY OF NEW YORK, DEFENDANTS-RESPONDENTS
Cited By: 1 case
Status: Published