Lister v. Weeks

Supreme Court of New Jersey

Lister v. Weeks

47 A. 1132, 61 N.J. Eq. 675, 1900 N.J. LEXIS 222

Supreme Court of New Jersey·Decided November 19, 1900·Published·Cited by 3 cases

Opinion

Per .Curiam.

The decree appealed from removed appellant from his position as trustee under the will of Edwin Lister, deceased. While a trustee selected by a testator should not be removed except upon satisfactory proofs, the examination of the proofs has not led us to the view that the conclusion reached therein by Vice-Chancellor Stevens, who advised the decree, was so erroneous as to require reversal. The decree will, therefore, be affirmed, on the grounds stated by him in his opinion.

For affirmance — Ti-ie Chancellor, Chiee-Justice, Van Syckel, Dixon, Collins, Port, G-arretson, Hendrickson, Bogert, Adams, Vredenburgh, Voorhees—12.

For reversal—None.

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Per .Curiam.

The decree appealed from removed appellant from his position as trustee under the will of Edwin Lister, deceased. While a trustee selected by a testator should not be removed except upon satisfactory proofs, the examination of the proofs has not led us to the view that the conclusion reached therein by Vice-Chancellor Stevens, who advised the decree, was so erroneous as to require reversal. The decree will, therefore, be affirmed, on the grounds stated by him in his opinion.

For affirmance — Ti-ie Chancellor, Chiee-Justice, Van Syckel, Dixon, Collins, Port, G-arretson, Hendrickson, Bogert, Adams, Vredenburgh, Voorhees—12.

For reversal—None.

Lister v. Weeks, 47 A. 1132, 61 N.J. Eq. 675, 1900 N.J. LEXIS 222 (N.J. 1900).

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Opinion

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