COMMERCIAL TRUST CO. OF N.J. v. MASON ET AL., 119 N.J. Eq. 376 (1936)

182 A. 875

COMMERCIAL TRUST COMPANY OF NEW JERSEY et al., trustees, complainants, v. GEORGE I. MASON, petitioner-respondent; OTTO L. MYERS and CLARENCE L. MYERS, executors, defendants-respondents, and BEULAH V. SPIEGELBERG et al., defendants-appellants.

Court of Errors and Appeals.
Decided January 31st, 1936.

Since the litigation in this case was conducted by appellants with a view toward enriching the corpus of the estate, counsel fees awarded should be paid out of the corpus.

On appeal from a decree of the court of chancery.

Mr. Donald Lewis, Messrs. Koehler, Augenblick Freedman, Mr. George F. Losche (Mr. Charles H. Meyer and Mr. Selden Bacon, of the New York bar), for the appellants.

Mr. John Milton and Mr. Thomas McNulty, for the respondent George I. Mason.

Mr. William H. Campbell, Jr., for the respondents Otto L. Myers and Clarence L. Myers.

PER CURIAM.

The decree appealed from will be affirmed, for the reasons expressed in the opinion of Vice-Chancellor Lewis, and reported in 117 N.J. Eq. 171, sub nom. Commercial Trust Co. v Spiegelberg.

The appeal is also from the allowance of counsel fees to the solicitor for George I. Mason and to the solicitor for the executors of Carrie Guggenheim, deceased. We conclude that

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the allowances were reasonable and, since the litigation was conducted by appellants with a view to enriching the corpus of the estate, should be paid out of the corpus.
For affirmance — THE CHIEF-JUSTICE, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, JJ. 12.

For reversal — None.