Legal Opinion

In re the Estate of Grace

New York Surrogate's Court

Decided September 14, 1966Published

1Opinion of the Court

John D. Bennett, S.

In this accounting proceeding the parties have submitted for determination, on an agreed statement of facts, respondent’s objection to the trustees’ applying “ extra dividends ” earned from an investment to income instead of principal.

The testator created a trust for his grandchild wherein a portion of the income was to be used for the grandchild’s benefit and the balance thereof accumulated until age 21. At that age all of the accumulated income, together with one half of the corpus of the trust, is to be paid to the beneficiary and the income from the remaining principal…

2Cases cited2 opinions

  1. In re the Accounting of Guaranty Trust Co.New York Surrogate's Court · 1955
  2. In re the Judicial Settlement of the Accounts of Proceedings of PostleyAppellate Division of the Supreme Court of the State of New York · 1937

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