In re the Accounting of the Brooklyn Trust Co.

Appeal by the remainderman of a testamentary trust from so much of a decree of the Surrogate’s Court, Kings county, as adjudges that a certain clause in the will does not constitute an express stipulation that accrued income should not be apportioned. Decree, in so far as appealed from, reversed on the law, with costs to each party filing a brief, payable out of the estate, and matter remitted to the Surrogate’s Court, Kings county, with directions that a decree be entered adjudging that the clause in question constitutes, in effect, an express stipulation that accrued income should not be…