In re the Estate of Gutwirth

S. Samuel Di Falco, S.

The Attorney-General of the State of New York, representing the ultimate but indefinite charitable beneficiaries under the decedent’s will, has filed objections to the executors’ account. The objections are concerned with the failure of the executors to allocate to the charitable account any part or share of the net realized increases on principal which occurred during the period of administration.

It is the Attorney-General’s contention that, the testator’s gift to charity was of a “ fractional ” share of the estate which would entitled it to its proportionate share of…