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Gladys Baily, Complainant-Appellant,
v.
J. Chester Massinger Et Al., Defendants-Respondents
v.
J. Chester Massinger Et Al., Defendants-Respondents
Supreme Court of New Jersey.
Jan 29, 1948.
On appeal from a final decree advised by Vice-Chancellor Fielder, who rendered the following opinion:, “On June 5th, 1935, an order on which McCarter, as proctor for Massinger and Miss Baily, and Lane, as proctor for Mrs. Eoberts, had written their consent, was entered. That order admitted the Eomaine will to probate, removed all three executors and appointed Massinger and John G-rimshaw administrators and trustees, with the will annexed. Attached to the order is a renunciation of executorship and trusteeship dated June 3d, 1935, signed by Mrs. Eoberts, Miss Baily and Massinger., Messrs. Wall, Haight, Carey <& Hartpence (Mr. William W. Shatv and Mr. Joseph A. Davis, of counsel), for the appellant., Messrs. Bubach <& Attach (Mr. Meyer E. Bubach, of counsel), for the respondents J. Chester Massinger et al., Mr. Gerald T. Foley, for the respondent John J. Clancy, trustee.
PER CURIAM..
[*606] Per Curiam.
With the exception of the provision for counsel fees, the decree is affirmed, for the reasons expressed in the foregoing opinion of the learned Vice-Chancellor.
We are of the view that, in the special circumstances, no counsel fee should be assessed against appellant in favor of the respondents J. Chester Massinger and Ruth B. Massinger, his wife, and that the counsel fee assessed against appellant in favor of the respondent John J. Clancy should be reduced to $500; and the decree is modified accordingly.
For affirmance — Wachenfeld, J. 1.
For modification — -The Chief-Justice, Bodine, Donges, Heher, Colie, Eastwood, Burling, Wells, Dill, Freund, McLean, Schettino, JJ. IS.