Legal Opinion

In re the Construction of the Will of Muller

New York Surrogate's Court

Decided July 18, 1958PublishedCited by 2 opinions

1Opinion of the Court

Joseph A. Cox, S.

In this proceeding for construction of article Eighth of the decedent’s will instructions have been requested as to the proper allocation of stock dividends received and to be received by the trustee. The specific language of that portion of article Eighth of the will sought to be construed and as to which instructions are requested is as follows: “ I direct that all stock dividends, extraordinary cash and scrip *33dividends shall be deemed income under the terms of the trust herein created.”

The testator at the time he made his will in 1929 was a senior member of a large stock…

2Cases cited3 opinions

  1. In Re the Accounting of OsborneNew York Court of Appeals · 1913
  2. In re Bankers Trust Co.New York Supreme Court · 1957
  3. In re City Bank Farmers Trust Co.New York Supreme Court · 1955

3Cited by2 opinions

  1. In re the Accounting of Bankers Trust Co.New York Supreme Court · 1962
  2. In re the Construction of the Will of MullerNew York Surrogate's Court · 1960

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