Legal Opinion
In re the Estate of Rogers
New York Surrogate's Court
Decided July 31, 1963PublishedCited by 2 opinions
1Opinion of the Court
S. Samuel Di Falco, S.
In this proceeding to settle the account of trustees a construction is prayed for.
Three questions arise. The first concerns proper allocation of certain stock distributions. In paragraph Ninth of his will testator directed his fiduciaries to treat all dividends, including stock dividends, as income. This would constitute the contrary direction provided in section 17-a of the Personal Property Law. However, the five distributions in question, from the information supplied in the petition and account are obviously stock splits as defined in Matter of Payne (Bingham) (7 N Y…
2Cases cited7 opinions
- Tillman v. . DavisNew York Court of Appeals · 1884
- In Re the Accounting of Bankers Trust Co.New York Court of Appeals · 1937
- In Re the Accounting of Irving Trust Co.New York Court of Appeals · 1941
- Keteltas v. . KeteltasNew York Court of Appeals · 1878
- In Re the Accounting of Bankers Trust Co.New York Court of Appeals · 1947
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3Cited by2 opinions
- In re the Estate of KelchnerNew York Surrogate's Court · 1968
- In re the Estate of ManvilleNew York Surrogate's Court · 1970