In the Matter of the Trust Created by Agreement Dated December 20, 1961, by and between John Seward Johnson, Grantor, et al.

April 3, 2008 (A-70/71/72-06)

Notwithstanding the trial judge’s reliance on some testimony that should not have been admitted, there was substantial credible evidence in the record as a whole to support the trial judge’s conclusion that J. Seward Johnson wanted a broad class of possible beneficiaries, including surviving spouses. The trial court’s finding that the word “spouses” was intended to include widows and widowers is affirmed substantially for the reasons expressed by the Appellate Division majority.