Legal Opinion

In re the Construction of the Will of Chapman

New York Surrogate's Court

Decided July 11, 1955PublishedCited by 6 opinions

1Opinion of the Court

Faile, S.

The income beneficiary of a trust has instituted this independent proceeding for a construction requesting the court to determine that the entire proceeds of an alleged dividend are payable to income.

By article “ First ” of her will dated May 31, 1938, testatrix provided in part as follows: “ I further direct that all dividends whatsoever received by my executors or by my trustees upon the stock of any corporation held by them shall be considered and treated as income and shall be paid to the income beneficiary, any provision of law to the contrary notwithstanding. ’ ’

On September…

2Cases cited3 opinions

  1. In re the Accounting of Security Trust Co.New York Surrogate's Court · 1950
  2. In re the Will of LissbergerNew York Surrogate's Court · 1947
  3. In Re the Accounting of LloydNew York Court of Appeals · 1944

3Cited by6 opinions

  1. In re City Bank Farmers Trust Co.New York Supreme Court · 1955
  2. In re the Accounting of Bankers Trust Co.New York Surrogate's Court · 1955
  3. In re the Accounting of Bankers Trust Co.New York Supreme Court · 1959
  4. In re the Estate of FiskeNew York Surrogate's Court · 1962
  5. In re the Estate of VaughanNew York Surrogate's Court · 1962

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