In the Matter of the Trust Created by Agreement Dated December 20, 1961, by and Between John Seward Johnson…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's decision that the term "spouses" in the 1961 charitable trust includes surviving spouses, and that despite excluding inadmissible lay opinion testimony, the record contains sufficient evidence to support that construction. Justice Hoens concurred in part and dissented in part, agreeing that the opinion testimony was inadmissible but arguing that the remaining evidence does not support the inclusion of surviving spouses.