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76 N.J. Eq. 613

Ballantine v. Young

Supreme Court of New Jersey

Decided February 28, 1910

Supreme Court of New Jersey · decided 1910-02-28

<p>On cross-appeals from a decree of the court of chancery advised by Vice-Chancellor Stevens, whose opinion is reported in 7.4 •N. J. Eq. (4 Buch.) 578.</p>

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Decided 1910-02-28

How this case has been cited

Cited by 4 later decisions — most recently December 1976

4 state decisions

101910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Pee Curiam.

¶1We reach the conclusion that the portions of the decree brought up by these appeals should be affirmed, for the reasons set forth in the opinion filed by the learned vice-chancellor in the court below.

¶2A considerable part of the opinion is devoted to a discussion of the right of trustees under a will, who have invested funds of their testator in interest-bearing bonds which they have purchased at a premium, to withhold from time to time so much of the interest received as will, at the maturity of the bonds, equal the amount of the premiums paid therefor. That portion of the decree which deals with this phase of the litigation was not appealed from, and we therefore express no opinion as to the soundness of the view upon which it is rested.

¶3For affirmance—Ti-ie Ci-iiee-Justioe, Garrison, Swayze, Peed, Trenohard, Parker, Bergen, Minturn, Bogert, Vredenburgh, Gray, Dill, Congdon—13.

¶4For reversal—Voorhees, Vroom—2.

¶5*614For affirmance—The Chief-Justice, Garrison, Swayze, Reed, Trenci-iard, Parker, Bergen, Yoorhees, Minturn, Bogert, Yredenburgh, Yroom, Gray, Dill, Congdon—15.

¶6For reversal—None.

¶7For affirmance—Ti-ie Ci-iiee-Justice, Garrison, Swayze, Reed, Trenchard, Parker, Bergen, Minturn, Bogert, Yred-ENBURGH, YROOM, GRAY, DlLL, CONGDON—14.

¶8For reversal—Yoorhees—1.

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