In re the Will of Lissberger

Collins, S.

The petitioner, who is the income beneficiary ■ of one of the trusts and also a cotrustee, asks a construction of the will and instructions as to whether certain shares of stock issued by a corporation constituted a stock dividend. The will authorizes the trustees to pay to the life beneficiary all dividends, whether stock dividends or otherwise, and directs that all dividends be regarded as income. The parties are not in disagreement over the meaning of the will. It has been the subject of construction heretofore (188 Misc. 811). The only difference of opinion between petitioner…