In re the Estate of Burroughs

Harry Gr. Herman, S.

The trustee has instituted this independent proceeding for a construction requesting that this court determine that a stock distribution of 10,143 shares of the common stock of R. J. Reynolds Tobacco Company made in September, 1961 represents a stock dividend payable wholly to income.

The decedent, an attorney, died on June 19, 1929, and by Paragraph “ ninth ” of his will, dated February 13, 1924, provided as follows: ‘1 Any dividends, whether in stock or in money, that may hereafter be declared and paid upon any shares constituting a part of my estate or of any trust…