Legal Opinion

In re the Estate of Schaefer

New York Surrogate's Court

Decided April 11, 1935PublishedCited by 4 opinions

1Opinion of the Court

Foley, S.

This is a motion to confirm the referee’s report. The basic issue before the referee was the proper allocation between principal and income of the liquidating dividend of a corporation, 200 shares of which formed part of the trust accounted for.

The corporation was formed in 1893 by the testator and his brother. Twenty-five hundred shares, par value $100, were issued by the corporation. All but twenty of these shares were issued to the two brothers in exchange for eight parcels of improved realty theretofore owned by them. The certificate of incorporation recited that “ The object for…

2Cases cited5 opinions

  1. In Re the Accounting of Brooklyn Trust Co.New York Court of Appeals · 1932
  2. In Re the Accounting of the Rochester Trust & Safe Deposit Co.New York Court of Appeals · 1933
  3. In Re the Accounting of Ithaca Trust Co.New York Court of Appeals · 1924
  4. In re the Judicial Settlement of the Accounts of Ithaca Trust Co.Appellate Division of the Supreme Court of the State of New York · 1923
  5. In re the Estate of LangdonNew York Surrogate's Court · 1931

3Cited by4 opinions

  1. In re the Indenture of Trust Made by BalsamNew York Supreme Court · 1968
  2. In re the Estate of DensenNew York Surrogate's Court · 1937
  3. In re the Estate of JafferNew York Surrogate's Court · 1969
  4. In re the Construction of the Will of SloaneNew York Surrogate's Court · 1950

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