Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Ohlson v. Bloomfield Savings Institution
Citations: 9 N.J. Super. 545; 75 A.2d 829; 1950 N.J. Super. LEXIS 626
Court: New Jersey Superior Court Appellate Division; October 2, 1950; New Jersey; State Appellate Court
Alice Emily Ohlson, the plaintiff, seeks a court order directing the Bloomfield Savings Institution, acting as executor and trustee of her late mother Elizabeth A. Plodder's estate, to transfer its interest in the estate to her, pay her the amounts held in trust, terminate the trust, and discharge the trustee. Ohlson, who is 48 years old and has lived with her mother for 46 years, is unable to appear in court due to a debilitating arthritic condition but can manage household tasks. She is the sole child of the deceased, who passed away on November 5, 1949, leaving a will dated March 21, 1947. Ohlson claims her mother assured her she would inherit the entire estate, which includes a property at 77 Lake Street, Bloomfield, New Jersey, that the will places in trust to the institution. The will grants the trustee broad discretion to manage the trust for Ohlson's benefit, directing the sale of real estate to augment the trust corpus. Residuary legatees have relinquished their claims to the estate, but the trustee argues against terminating the trust, citing Ohlson's health issues and her husband's limited income. The will explicitly allows Ohlson to use certain personal property during her lifetime while placing the rest of the estate in trust for various beneficiaries. The Trustee is empowered to invest and reinvest the trust's corpus or income without limitations imposed by New Jersey law, deducting necessary charges, and providing for Alice Emily Ohlson's support, maintenance, and medical care at their discretion. Upon Alice's death or if she predeceases the testatrix, the entire residue of the estate or trust is to be distributed to the testatrix's brother, William J. Tinston, and his wife, Sarah Tinston, or to the survivor. Should both have died prior to distribution, the residue will be divided among the testatrix's living nephews: Albert, William J., Thomas Richard, and Frederick James Tinston. The intention of the testatrix is paramount in trust matters, and the trustee is tasked with active duties, having the legal estate to execute these responsibilities while the beneficiaries hold only equitable rights. The testatrix aimed for her disabled daughter to receive care from the trustee, who is instructed to sell real estate and manage the trust funds accordingly. Terminating the trust would contravene the testatrix's expressed wishes, leading to the dismissal of the complaint.