Rosencrans v. Fry

The opinion of the court was delivered by

Wachenfeld, J.

This appeal, certified by our own motion, is from two judgments entered in the Superior Court, Chancery Division. The first adjudges the defendant Fry had a right to purchase the stock in question under the will. The second determines the plaintiff Mrs. Rosencrans, the testator’s widow, was not entitled to receive the dividends declared between January 20, 1949 and the date of Fry’s deposit with the clerk of the court, and that Fry was not, by reason of an alleged breach of duty as trustee, liable to account to Mrs. Rosencrans for the…