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 judgment that the term “spouses” in the 1961 charitable trust includes surviving spouses, such as widowers, and that lay opinion testimony about the settlor’s unexpressed intent is inadmissible under N.J.R.E. 701. The Court relied on extrinsic evidence and the settlor’s overall testamentary scheme to reach its conclusion. A concurrence in part and dissent in part argued that the remaining admissible evidence was insufficient to sustain the result.