Cooper v. Wallace
New Jersey Court of Chancery
On final hearing. This bill is filed by Howard M. Cooper, the guardian of Christopher A. Bergen, to obtain the instruction of the court respecting his duties as trustee, and for other relief. The bill sets out a decree under date of September 18th, 1895, made upon a commission of lunacy, declaring Christopher A. Bergen a lunatic, and the subsequent appointment by the orphans court of Camden county of the complainant as guardian.
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On final hearing. This bill is filed by Howard M. Cooper, the guardian of Christopher A. Bergen, to obtain the instruction of the court respecting his duties as trustee, and for other relief. The bill sets out a decree under date of September 18th, 1895, made upon a commission of lunacy, declaring Christopher A. Bergen a lunatic, and the subsequent appointment by the orphans court of Camden county of the complainant as guardian. It then sets out that Christopher A. Bergen, at the time of the making of the decree, was the administrator of the estate of one John Wallace, and that there was in…
1Opinion of the Court
Reed, V. C.
This bill is filed by the guardian of a lunatic in his own name. The guardian puts his right to stand as complainant upon the ground that he is a trustee; that the duties which devolve upon him in dealing with the property of his ward are perplexing; that he therefore has the right to ask this court to instruct him concerning the course he shall pursue in adjusting the complication in which the estate of the non compos is involved.
It is entirely settled that where the duty of a trustee is a matter of doubt, it is his right to ask and receive the aid and direction of a court of…
2Cited by7 opinions
- Hoffman v. KahnNew Jersey Court of Chancery · 1935
- In Re DegnanNew Jersey Court of Chancery · 1937
- TR. OF CLIENTS'SEC. FUND v. YuchtNew Jersey Superior Court Appellate Division · 1989
- Lommason v. the Washington Trust Co.New Jersey Superior Court Appellate Division · 1949
- Mieczkowski v. MieczkowskiNew Jersey Court of Chancery · 1948
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