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Burlington County Trust Co. v. New Jersey Society for Prevention of Cruelty to Animals Camden County Branch

Decided: March 7, 1951.

BURLINGTON COUNTY TRUST COMPANY, A CORPORATION, TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF ANNA C. BIEHLER, DECEASED, PLAINTIFF,
v.
NEW JERSEY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS CAMDEN COUNTY BRANCH, CAMDEN COUNTY BRANCH NEW JERSEY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ABNER G. BUDELMAN, PRESIDENT OF THE NEW JERSEY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, AND THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANTS



Haneman, J.s.c.

Haneman

The facts in connection herewith are stipulated as follows:

"It is hereby stipulated by and between John P. Lippincott, Attorney for the Plaintiff, and Malandra & Tomaselli, Joseph Tomaselli appearing. Attorneys for the Defendants, Camden County Branch New Jersey Society for the Prevention of Cruelty to Animals and Abner G. Budelman, President of the New Jersey Society for the Prevention of Cruelty to Animals, that the above cause of action be submitted to the Court for determination upon the following agreed statements of facts:

1. On June 22, 1947, Anna C. Biehler died, having first made, executed and published her last will and testament in writing, bearing date January 29, 1946, and thereafter duly proved before the Surrogate of Burlington County at Mount Holly, New Jersey, on July 3, 1947, and recorded in said Surrogate's office in Book 88 of Wills, page 193. A true copy of said last will and testament is attached hereto and intended to be incorporated herein.

By Paragraph Second (h), testatrix provided as follows:

'Second: (h) I direct my said Trustee that after the payment of the above annual bequests from the income of my estate after expenses, commissions and proctor fees, shall be equally divided and paid one-half to the Camden County District Society for the Prevention of Cruelty to Animals to be applied to the general purposes of said Society and request that so far as the Society possibly can that they take care of any animals from Burlington County.'

2. Plaintiff, Burlington County Trust Company, qualified as trustee under said last will and testament and entered upon its duties as said trustee, and has in its possession and control as trustee, approximately the sum of $79,905.02 representing the net corpus of said trust estate. Plaintiff also has in its hands, the income directed to be paid according to Paragraph Second (h) of the last will and testament of testatrix, Anna C. Biehler.

3. On June 22, 1947, the date of testatrix' death, there existed an organization known as 'New Jersey Society for the Prevention of Cruelty to Animals Camden Branch,' (one of the defendants in this cause) which organization was created by a certificate of authority issued June 4, 1946, by the president of the New Jersey Society for the Prevention of Cruelty to Animals in accordance with the authority conferred by 'An Act to Incorporate the New Jersey

Society for the Prevention of Cruelty to Animals,' approved March 21, 1873, and the various amendments and supplements thereto. Thereafter, the organization known as 'New Jersey Society for the Prevention of Cruelty to Animals Camden County Branch' was incorporated in accordance with the provisions of the aforesaid statute by a certificate of incorporation dated June 25, 1946, and recorded on that date in the office of the Clerk of Camden County in Book 81 of Corporations, page 274. At the date of testatrix' death, New Jersey Society for the Prevention of Cruelty to Animals Camden County Branch was the only authorized organization for the prevention of cruelty to animals existing and functioning in Camden County.

4. On July 30, 1948, defendant Abner G. Budelman, President of the New Jersey Society for the Prevention of Cruelty to Animals directed a letter to Edward C. Gardner, President The New Jersey S.P.C.A., Camden County Branch, which letter was received by the said Edward C. Gardner as president and on behalf of the defendant, New Jersey Society for the Prevention of Cruelty to Animals Camden County Branch, and reads as follows:

'The New Jersey Society for the

'Prevention of Cruelty to ...


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