In re the Intermediate Accounting of Newcomb

Pieesoh E. Hildreth, S.

In this intermediate accounting the main question is whether the executors may include the value of stock bequeathed to certain individuals as part of the gross estate on which statutory commissions may be computed. If such stock was disposed of by a specific legacy its value should not be considered (Surrogate’s Ct. Act, § 285, subd. 2).

Decedent, by her will, made several bequests of certain shares of corporate stock to named legatees. The validity, construction and effect of such dispositions was previously determined by this court in a construction proceeding. The…