[113 NJSuper Page 582] Parker W. Page died in 1937 and his will was probated with the Essex County Surrogate. By
paragraph Third of the will he left the residue of his estate in trust for his wife Nellie for life, and provided for remainders in the following words:
Upon her death I give, devise, bequeath and appoint the principal in equal shares to my daughters Helen Page Wodell and Lois Page Cottrell and if either of my daughters should then be dead to such persons and in such proportions as such daughter may by will duly admitted to probate legally appoint and in default of such appointment to such daughter's issue then surviving in equal shares per stirpes.
Nellie Page, the widow, died on April 14, 1970 at the age of 100. She was survived by the two daughters, Helen Page Halbach (named in Mr. Page's will as Helen Page Wodell) and Lois Page Cottrell. On April 19, 1970 Mrs. Halbach signed and acknowledged a document entitled "Disclaimer and Renunciation" which reads as follows:
TO THE SURROGATE OF THE COUNTY OF ESSEX, STATE OF NEW JERSEY:
I, HELEN PAGE HALBACH (formerly Helen Page Wodell), residing at 49 Forest Drive, Short Hills, New Jersey, do hereby irrevocably disclaim and renounce all my right, title and interest as a remainderman of the trust established by my father, Parker Webster Page, in Paragraph THIRD of his Last Will and Testament, dated January 12, 1935, and admitted to probate by the Essex County Surrogate's Court on February 10, 1937.
On April 30, 1970 Mrs. Cottrell signed and acknowledged a paper identical in all pertinent respects to the one executed by Mrs. Halbach.
The disclaimer and renunciation of Mrs. Halbach and that of Mrs. Cottrell were delivered on May 4, 1970 to Summit and Elizabeth Trust Company, the corporate trustee of Mr. Page's residuary trust, and on June 15, 1970 were filed with the Surrogate of Essex County.
The trustees of the trust created by paragraph Third of Mr. Page's will have brought this action for approval of
their accounts and in addition ask for a judgment determining the effect of the documents executed by Mrs. Halbach and Mrs. Cottrell and described above, and ...