Legal Opinion

In re the Judicial Settlement Under the Last Will & Testament of Harteau

New York Surrogate's Court

Decided February 15, 1907Published

Proceeding upon the judicial settlement of the accounts of a trustee.

1Opinion of the Court

Church, S.

By the will of the deceased a trust is created of his entire estate, the income from which is to he paid as therein directed; and, upon the termination of the trust, the money is to he used for the erection of a statute to General Lafayette. *63Among the property left by the deceased were 160 shares of stock of an insurance corporation. The trustees account for 320 shares of stock, and the life tenant contends that 160 shares, of this stock should be regarded as income of the -estate and not as principal.

The means by which this stock was doubled are briefly as follows:

The corporation…

2Cases cited4 opinions

  1. In Re the Final Accounting of KernochanNew York Court of Appeals · 1887
  2. Cook v. . LowryNew York Court of Appeals · 1884
  3. Reeves v. SnookAppellate Division of the Supreme Court of the State of New York · 1903
  4. Tweddell v. New York Life Insurance & Trust Co.New York Supreme Court · 1894

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