In re the Estate of Mart

Wingate, S.

Two questions are presented for determination on this accounting: First, whether the terms of the will are such as contemplate action by the testamentary fiduciaries in two distinct and separate capacities so as to entitle them to full commissions both as executors and trustees, and second, whether a cash dividend paid on certain stock on July 24, 1930, from surplus accumulated prior to the death of the testator is to be treated as principal or income.

It is obvious that the testamentary directions respecting the property to be presently retained by the fiduciaries fall within the…