MATTER OF CUMMINGS


200 Misc. 322 (1951)

In the Matter of the Accounting of Elizabeth M. O'Connell, as Executrix of Katherine E. Cummings, Deceased.

Surrogate's Court, Kings County.

September 11, 1951.


Attorney(s) appearing for the Case

John A. Hayes, Jr., for executrix, petitioner.

Oscar Hertz, special guardian.


RUBENSTEIN, S.

Testatrix bequeathed to a niece $400 and five items of corporate stock, the exact number of which were possessed by her both at the execution of the will and at death. After the will was executed one of the corporations reduced the par value of its stock from $100 to $50 and issued two new shares in exchange for one of the old; the split-up of the stock being one of form and not substance. The testatrix surrendered to the corporation five...

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