Shughart v. Carlisle Deposit Bank & Trust Co.

Reese, P. J.,

The statement of claim avers that plaintiff’s decedent, at the time of her death on August 31,1930, owned 35 shares of the capital stock of defendant bank. After her death the bank paid six semi-annual dividends to the executors of her estate, the last on May 8, 1933. At about that time it appeared that the estate was insolvent. Thereafter the bank declared semi-annual dividends, which have not been paid to the estate and for which the present fiduciary brings this action.

*499The bank has filed an affidavit of defense, in which it is averred as “new matter” that decedent at the time…