Legal Opinion

U.S. Trust Co. v. Montclair Trust Co.

New Jersey Court of Chancery

Decided September 5, 1943No. Docket 149/473PublishedCited by 7 opinions

1Opinion of the Court

The complainant seeks to recover out of a fund created by the last will and testament of Julia C. Sherman, deceased, a debt owed to complainant by Clarence G. Appleton, deceased. Mrs. Sherman's will contains the following provision which gives rise to the litigation:

"Third: I give and bequeath to the Montclair Trust Company of Montclair, New Jersey, the sum of Forty thousand ($40,000.00) Dollars IN TRUST NEVERTHELESS for the following uses and purposses: to pay, as and from the date of my death, the income therefrom in equal monthly payments, as near as may be, to Clarence G. Appleton of the…

2Cases cited11 opinions

  1. Clark v. CampbellSupreme Court of New Hampshire · 1926
  2. State Street Trust Co. v. KisselMassachusetts Supreme Judicial Court · 1939
  3. Long v. StoutSupreme Court of Pennsylvania · 1931
  4. Kent v. ArmstrongSupreme Court of New Jersey · 1850
  5. Herbert v. Central Hanover Bank Trust Co.New Jersey Court of Chancery · 1942

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Dean v. First National BankOregon Supreme Court · 1959
  2. The Pennsylvania Co., C., Annuities v. KellyNew Jersey Superior Court Appellate Division · 1943
  3. The Nat. State Bank of Newark v. MorrisonNew Jersey Superior Court Appellate Division · 1949
  4. Fidelity Union Trust Co. v. ParfnerNew Jersey Court of Chancery · 1944
  5. People v. ThompsonCalifornia Court of Appeal · 1988

2 more not listed; retrieve them via the Exa API.

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