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MATTER OF DAVIS

11 Misc.2d 372 (1953)

In the Matter of The Estate of Daniel A. Davis, Deceased.

Surrogate's Court, New York County.

December 15, 1953.

Attorney(s) appearing for the Case

David Kelly and Gilbert Frei for City Bank Farmers Trust Co., as trustee, petitioner.

Winthrop S. Emmet for Mary H. Prendergast and others, respondents.

Edward Edelman, special guardian for Daniel A. Davis, Jr., and others, infants, respondents.

WILLIAM T. COLLINS, S.

The question at issue between the accounting trustee and the special guardian for infant remaindermen is whether shares of capital stock of The Texas Company, received in each of the trusts, represented a stock dividend or a mere stock split-up. If what the trustees received was in fact a dividend, it must be apportioned between principal and income under the rule stated in Matter...

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