Breslin v. New Jersey Investors, Inc.

The opinion of the Court was delivered by

Conford, P. J. A. D.,

Temporarily Assigned. Plaintiff, as the sole surviving testamentary trustee of the William O. Allison estate, brought this action to recover for the conversion of assets of the estate. The Chancery Division held, there was no cause of action against respondent Jenny G. Martin and her husband, Roy I. Martin, who had received a check on funds belonging to plaintiff’s trust estate in payment for a mortgage sold by the Martins to the late Walter D. Yan Riper under circumstances to be related. The Chancery Division held that the Martins…