In re the Estate of Muller

Joseph A. Cox, S.

In its prior decision in this proceeding (28 Misc 2d 1073) the court ruled that the shares of stock which were capitalized by the transfer of $114,961,482 to the capital common stock account of the corporation represented a stock dividend. It was held further that under the terms of this testator’s will the trust income beneficiary became entitled to so much of the stock dividend as was received by the trustee under the will. The amount so transferred by the corporation to its capital common stock account represented 60% of the total amount in that account after such transfer…