Legal Opinion · Concurring in part, dissenting in part

Catherwood Trust

Supreme Court of Pennsylvania

Decided July 26, 1961No. Appeals, Nos. 184 and 185Published

1Concurring in part, dissenting in part

CONCURRING AND DISSENTING OPINION BY

Mr. JUSTICE Bell :

I enthusiastically agree with that part of the majority Opinion which holds that small stock dividends which do not exceed 6% in that particular year belong to the life tenant and are not subject to apportionment. However, I would not restrict stock dividends to that of the issuing corporation or require them to be of the same class. I said in Cunningham Estate, 395 Pa. 1, 149 A. 2d 72 (page 34) and I repeat: “‘[a] Ordinary cash or scrip [or stock] dividends coming to [the trustee] belong to life tenants regardless of how soon after…

2Cases cited8 opinions

  1. Crawford EstateSupreme Court of Pennsylvania · 1949
  2. Steele EstateSupreme Court of Pennsylvania · 1954
  3. Cunningham EstateSupreme Court of Pennsylvania · 1959
  4. Warden TrustSupreme Court of Pennsylvania · 1955
  5. Michael v. Hahnemann Medical College & Hospital of PhiladelphiaSupreme Court of Pennsylvania · 1961

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