In re the Accounting of Kohlmann
New York Surrogate's Court
1Opinion of the Court
Frankenthaler, S.
In the first intermediate accounting by the trustees of one of the residuary trusts, petitioners ask instructions in respect of the allocation of interest on estate taxes between income and principal of the trust and the transfer from principal to income of the amount by which income has overpaid its proper share. No objection is made to the allocation or to the adjustment necessary to effect that allocation. The income beneficiary supports petitioners’ allocation of the penalty interest on the taxes and the transfer of funds from principal to income. The sole question is…
2Cases cited8 opinions
- Kerrison v. StewartSupreme Court of the United States · 1876
- Carey v. BrownSupreme Court of the United States · 1875
- Matter of Estate of StrautNew York Court of Appeals · 1891
- Jackson v. TallmadgeNew York Court of Appeals · 1927
- In re the Accounting of Guaranty Trust Co.New York Court of Appeals · 1950
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3Cited by2 opinions
- Donald W. Pelfresne v. Village of Williams BayCourt of Appeals for the Seventh Circuit · 1989
- In re Hanover BankNew York Supreme Court · 1961