Opinion
Argued February 13th, 1940.
Decided April 25th, 1940.
On appeal from the Court of Chancery.
Mr. Arthur H. Bissell, for the complainants-respondents.
Messrs. Collins Corbin, for the defendant-appellant Josephine Elizabeth Marsh Kaercher.
Messrs. Carey Lane, for the defendants-appellants and defendants-respondents. John H. Young, guardian ad litem of Mary Marsh Kaercher, and John Kaercher.
Mr. Harold Bouton, for the executors of residuary legatee, Alice M. Olive, and residuary legatee, Frances Edgar Hebbard.
The decree appealed from will be affirmed, for the reasons stated in the opinion filed in the court below by Vice-Chancellor Bigelow and reported in 126 N.J. Eq. 391.
We find no abuse of discretion in the allowance of counsel fees and costs to be paid out of the John C. Marsh share of the Sarah W. Marsh estate.
For affirmance — THE CHIEF-JUSTICE, CASE, BODINE, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, HAGUE, JJ.
For reversal — DONGES, J.