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Ohlson v. Bloomfield Savings Institution

Decided: October 2, 1950.

ALICE EMILY OHLSON, PLAINTIFF,
v.
BLOOMFIELD SAVINGS INSTITUTION, AS EXECUTOR AND TRUSTEE OF THE LAST WILL AND TESTAMENT OF ELIZABETH A. HODDER, DEFENDANT



Stein, J.s.c.

Stein

This suit is brought by plaintiff, Alice Emily Ohlson, and seeks judgment directing the Bloomfield Savings Institution, as executor and trustee under the will of plaintiff's mother, Elizabeth A. Hodder, to convey whatever interest said trustee has in said estate to the plaintiff, and to pay plaintiff such amounts as the trustee now holds under said trust, and to terminate the trust and to discharge the trustee.

It is stipulated that if the plaintiff were able to appear she would testify to the following facts, and that such facts would be uncontroverted by the defendant, Bloomfield Savings Institution:

"Plaintiff, Alice Emily Ohlson, is the daughter of Elizabeth A. Hodder who died testate November 5, 1949, leaving a last Will and Testament dated March 21, 1947, which was duly probated, a copy of which Will is attached to the Complaint as filed.

"Plaintiff is married, is forty-eight years of age and has lived with her mother at the address given for forty-six years. She is a cripple suffering from an incurable arthritic condition and unable to appear at the trial, although she is able to do her own cooking and take care of the household.

"The Testatrix was eight-one years of age at the time of the execution of the Will and prior to her death, the plaintiff herein had assisted her mother in all of her business affairs. Plaintiff is the only child of the Testatrix and contends that her mother had told her during her life that she would receive her entire estate. Plaintiff's husband also has been solicitous and helpful in the care of the Testatrix during the last years of her life.

"Plaintiff and her husband occupy the first floor of the two-family house at No. 77 Lake Street, Bloomfield, New Jersey, the second floor

thereof having been previously occupied by the decedent and her husband, the latter having died in 1946. Plaintiff has no children.

"Plaintiff's husband is in business for himself operating an egg route and averages approximately $2,500 a year which is adequate for their care and support, if the plaintiff is the sole owner of the aforementioned premises and collects the rent from the second floor.

"The Will devises the property at No. 77 Lake Street, Bloomfield, N.J., to the defendant, Bloomfield Savings Institution, in trust, and thereafter to various remaindermen, and under paragraph B directs the trustee to sell the property and apply the proceeds to the corpus of the trust created giving the Trustee broad discretionary powers of providing for the daughter, the plaintiff herein.

"The residuary legatees by Deeds offered in evidence at the pretrial, Exhibits P-1 and P-2, have executed the Deeds to the plaintiff relinquishing all rights to the said estate.

"The defendant, The Bloomfield Savings Institution, has filed an answer and in the first separate defense contends that because of the incapacitating illness of the plaintiff, her husband's uncertain and limited earning capacity, and the broad discretionary powers given to the trustee, that the trust created should not be ...


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