# Brown v. Fidelity Union Trust Co.

> Supreme Court of New Jersey · October 10, 1940 · 128 N.J. Eq. 197

URL: https://www.frixlaw.com/law-library/cases/3557791

## Case

- **Full name:** Stella D. Brown, Formerly Stella D. Guter, Complainant-Respondent, v. Fidelity Union Trust Company, as Executor and Trustee Under the Last Will and Testament of Julius M. Guter, Deceased, Defendant-Appellant, and Irving Hupart, Guardian Ad Litem for Defendant John Duff Brown, an Infant, Defendant-Respondent
- **Court:** Supreme Court of New Jersey
- **Decided:** October 10, 1940
- **Citations:** 128 N.J. Eq. 197; 15 A.2d 788; 1940 N.J. LEXIS 644
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** PER CURIAM.
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3557791

## Opinion text

Per Curiam.
The facts, which appear in the opinion filed in Chancery, bring the case well within the rule stated by this court in
Filley
v.
Van
Dyke,
75 N. J. Eq. 571:
“The assumption of jurisdiction by Chancery in cases where the Orphans Court has already entertained an accounting and has not completed it by a final decree thereon, rests in the sound judicial discretion of the former court, in view of such special circumstances as may be presented in the particular case; the question then being whether the circumstances show special cause for the interference of the court.” The circumstances showed special cause which brought the determination within the court’s discretion.
The motion to dismiss the appeal, decision heretofore reserved, is denied. The decree below will be affirmed.
For affirmance
— The Chieb-Justice, Parker, Case, Bodine, Dohges, Hehbr, Perskie, Porter, Dear, Wells, WolesKeil, Raeeerty, Hague, JJ. 13.
For reversal
— None.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3557791. Public record. Not legal advice.