Legal Opinion

In re the Estate of Schullinger

New York Surrogate's Court

Decided June 13, 1958Published

1Opinion of the Court

S. Samuel Di Falco, S.

In this intermediate accounting of the trustees, the special guardian for a contingent remainder-man has objected to the allocation to income of a stock dividend of the Texas Company received in 1948. Testator’s will was executed in 1945 so that section 17-a of the Personal Property Law would apply ‘ ‘ Unless otherwise provided in a will ’ ’. Testator did provide in his will that all “ extraordinary stock dividends shall be treated as principal and not as income ’ ’ and that all “ other extraordinary dividends, whether payable in cash, stock or otherwise, shall be…

2Cases cited4 opinions

  1. In re the Estate of VanderbiltNew York Surrogate's Court · 1928
  2. In re the Accounting of Guaranty Trust Co.New York Surrogate's Court · 1955
  3. In re the Accounting of BrownNew York Surrogate's Court · 1951
  4. In re the Estate of MorronNew York Surrogate's Court · 1957

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