In re the Accounting of Bankers Trust Co.

In this article 79 (Civ. Prac. Act) proceeding for the judicial settlement of its account as trustee, petitioner also asks for a construction of the agreement of trust, dated November 14,1932, as amended, and a determination as to the proper allocation between principal and income of certain distributions of shares of stock to the trust (or the proceeds of sale thereof in the case of shares sold by it) during the accounting period, within the meaning of paragraph ‘ seventh ’ ’ of said agreement. That paragraph reads as follows: seventh : All dividends payable in the stock of the corporation…