Legal Opinion

In re the Estate of Davis

New York Surrogate's Court

Decided December 15, 1953PublishedCited by 11 opinions

1Opinion of the Court

William T. Collins, S.

The question at issue between the accounting trustee and the special guardian for infant remaindermen is whether shares of capital stock of The Texas Com*373pany, received in each of the trusts, represented a stock dividend or a mere stock split-up. If what the trustees received was in fact a dividend, it must be apportioned between principal and income under the rule stated in Matter of Osborne (209 N. Y. 450) because the testator died before the enactment of section 17-a of the Personal Property Law and that statute is, therefore, inapplicable. If the corporate…

2Cases cited5 opinions

  1. In Re the Accounting of OsborneNew York Court of Appeals · 1913
  2. In re the Accounting of Security Trust Co.New York Surrogate's Court · 1950
  3. In re the Will of LissbergerNew York Surrogate's Court · 1947
  4. In re the Will of LissbergerNew York Surrogate's Court · 1946
  5. In re the Will of LissbergerAppellate Division of the Supreme Court of the State of New York · 1948

3Cited by11 opinions

  1. In re City Bank Farmers Trust Co.New York Court of Appeals · 1958
  2. In re the Accounting of Bankers Trust Co.New York Supreme Court · 1958
  3. In re the Accounting of United States Trust Co.New York Supreme Court · 1957
  4. In re the Intermediate Accounting of Hanover BankNew York Surrogate's Court · 1958
  5. In re the Accounting of Bankers Trust Co.New York Supreme Court · 1959

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