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Matter of Estate of Katz

Decided: April 11, 1956.

IN THE MATTER OF THE ESTATE OF HARRY L. KATZ, DECEASED, AND MINNIE A. KATZ, PLAINTIFF,
v.
HERBERT H. GORSON AND THE FIDELITY UNION TRUST COMPANY OF NEW JERSEY, EXECUTORS OF HARRY L. KATZ, DEFENDANTS



Haneman, J.s.c.

Haneman

The above entitled causes were consolidated for trial.

In the matter entitled "Minnie A. Katz v. Herbert H. Gorson, et al. " the plaintiff sought generally to establish a contract to execute mutual wills between the plaintiff and her husband, Harry L. Katz, deceased, which said wills had actually been executed. The terms of the alleged mutual wills were entirely different from a subsequent will Harry L. Katz had executed and which had been admitted to probate.

The matter entitled "In the matter of the Estate of Harry L. Katz" sought, in effect, a declaratory judgment concerning various questions which had arisen under the will of Harry L. Katz, as probated, including the approval of the sale of two assets of the estate, i.e. , an interest in the Ritz-Carlton and Ambassador Hotels in Atlantic City, New Jersey.

All of the primary issues have heretofore been disposed of. There remains for consideration only the application for counsel fees by three of the parties, i.e. , the Attorney-General of the State of New Jersey, Messrs. Perskie & Perskie, attorneys for Tisch Hotels, Inc., Ambassador of Atlantic City, Inc. and Preston R. Tisch for Ambassador-Ritz Carlton Properties, a corporation to be formed, and Mr. Harry Cassman, attorney for the Federation of Jewish Charities of Atlantic City, New Jersey.

The question of fees will be considered in the order above stated.

I.

The request of the Attorney-General of the State of New Jersey.

In the will of Harry L. Katz, as probated, there appeared the following enumerations of the purposes of the charitable trust here involved:

"* * * for religious, charitable, scientific, literary or educational purposes, or to the United States, the State of New Jersey, the County of Atlantic, the City of Atlantic City, or any other subdivision of said County of Atlantic, and no part of said income or principal shall be distributed to or inure to the benefit of any private share-holder or individual (except that reasonable compensation on of propaganda or otherwise attempting to influence legislation. shall be paid to the trustees and/or directors for services actually rendered) and no part of its activities shall include the carrying Likewise, none of said principal or interest shall be distributed to any church other than Jewish Synagogues, although distributions may be made to promote and improve inter-faith relationship."

Grover C. Richman, Jr., as Attorney-General of the State of New Jersey, represented the charitable trusts above set forth. As counsel for these charitable trusts he seeks to obtain a counsel fee, payable to the State of New Jersey, recognizing that under N.J.S.A. 52:17 A -1 ...


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