Legal Opinion

In re the Estate of Kelchner

New York Surrogate's Court

Decided February 16, 1968Published

1Opinion of the Court

Otto C. Jaeger, S.

In this trustees’ accounting proceeding the income beneficiary has filed objections to the allocation of certain stock distributions to principal.

In paragraph “ eighth ” of her will testatrix created a trust with income payable to her daughter for life. The remainder was bequeathed to testatrix’ oousin, or if she should predecease the life beneficiary, to the cousin’s issue.

Paragraph “ ninth ”, insofar as pertinent provides: “In every case of an extraordinary cash or stock dividend, any such dividend is to be distributable wholly as income, regardless of the fact that the so…

2Cases cited6 opinions

  1. In Re the Accounting of OsborneNew York Court of Appeals · 1913
  2. In re the Will of LissbergerNew York Surrogate's Court · 1947
  3. In re Bankers Trust Co.New York Supreme Court · 1957
  4. In re the Accounting of Security Trust Co.New York Surrogate's Court · 1952
  5. In re ClarkNew York Supreme Court · 1960

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