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Bessemer Trust Co. v. Boegner

New Jersey Superior Court, Appellate Division


Decided: January 16, 1979.

BESSEMER TRUST COMPANY, AS TRUSTEE UNDER TRUST INDENTURE DATED DECEMBER 23, 1940, MADE BY JOHN S. PHIPPS, AS DONOR, ESTABLISHING A TRUST FOR THE PRIMARY BENEFIT OF MARGARET BOEGNER, SAID TRUST BEING KNOWN AS TRUST NO. A-42, PLAINTIFF-RESPONDENT,
v.
MARGARET BOEGNER ET AL., DEFENDANTS, MARGARET BOEGNER, DEFENDANT-EXCEPTANT-APPELLANT. BESSEMER TRUST COMPANY, AS TRUSTEE UNDER AGREEMENT OF TRUST DATED DECEMBER 24, 1931 MADE BY JOHN S. PHIPPS, AS DONOR, ESTABLISHING A TRUST FOR THE PRIMARY BENEFIT OF DITA DOUGLAS NAYLOR-LEYLAND AND J. GORDON DOUGLAS, III, SAID TRUST BEING KNOWN AS TRUST A-23, PLAINTIFF-RESPONDENT, V. JOHN S. PHIPPS ET AL., DEFENDANTS, MARGARET BOEGNER, DEFENDANT-EXCEPTANT-APPELLANT. WINSTON FREDERICK CHURCHILL GUEST AND BESSEMER TRUST COMPANY, AS TRUSTEES UNDER TRUST INDENTURE DATED AUGUST 7, 1935, MADE BY DIANA GUEST SEVASTOPOULO FOR THE BENEFIT OF DIANA GUEST MANNING AND OTHERS, SAID TRUST BEING KNOWN AS TRUST NO. D-7, PLAINTIFFS, V. DIANA GUEST MANNING ET AL., DEFENDANTS, DIANA GUEST MANNING, DEFENDANT-EXCEPTANT-APPELLANT. BESSEMER TRUST COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, AS TRUSTEE UNDER TRUST AGREEMENT DATED MARCH 5, 1945 MADE BY HOWWARD PHIPPS, AS DONOR (ACTING IN HIS CAPACITY AS INDIVIDUAL TRUSTEE OF A TRUST CREATED BY HELEN MARTIN BY A CERTAIN INDENTURE DATED JUNE 3, 1932, AS AMENDED), ESTABLISHING A TRUST FOR THE PRIMARY BENEFIT OF ESMOND BRADLEY MARTIN, JR., SAID TRUST BEING KNOWN AS TRUST NO. E-16, PLAINTIFF, V. ESMOND BRADLEY MARTIN, JR., ET AL., DEFENDANTS, ESMOND BRADLEY MARTIN, JR., DEFENDANT-EXCEPTANT-APPELLANT. BESSEMER TRUST COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, AS SUCCESSOR CORPORATE TRUSTEE UNDER INDENTURE OF TRUST DATED JUNE 3, 1932, MADE BY AMY GUEST, AS DONOR, ESTABLISHING A TRUST FOR THE PRIMARY BENEFIT OF DIANA GUEST MANNING, AND HOWARD PHIPPS, AS FORMER INDIVIDUAL TRUSTEE UNDER SAID INDENTURE OF TRUST, AS MODIFIED (SAID TRUST BEING KNOWN AS TRUST NO. D-6), PLAINTIFF, V. DIANA GUEST MANNING ET AL., DEFENDANTS, DIANA GUEST MANNING, DEFENDANT-EXCEPTANT-APPELLANT

On appeal from the Superior Court, Chancery Division, Essex County, whose opinion is reported In re Bessemer Trust Company, 147 N.J. Super. 331 (1976).

Lora, Michels and Larner.

Per Curiam

The judgments of the Chancery Division here under review are affirmed substantially for the reasons expressed by Judge Dwyer in his written opinion reported In re Bessemer Trust Company , 147 N.J. Super. 331 (1976).*fn1


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