MATTER OF BERNARD


3 Misc.2d 31 (1955)

In the Matter of the Accounting of Bankers Trust Company, as Trustee under the Will of Sarah Bernard, Deceased.

Surrogate's Court, New York County.

December 12, 1955.


Attorney(s) appearing for the Case

McLaughlin, Russell, Bullock & Lark for trustee, petitioner.

Angelo J. Cincotta for Esther Bernard, respondent.

Stroock & Stroock & Lavan for Montefiore Hospital for Chronic Diseases, respondent.

Emanuel Schwartz, special guardian for Jane Stein and another, infants, respondents.


WILLIAM T. COLLINS, S.

In connection with its first intermediate accounting the trustee requests a construction of the language used in the will in determining the proper allocation of two certain stock dividends. Testatrix died in 1948. In paragraph Tenth of her will she stated: "All stock or extraordinary cash dividends and the value of all rights to subscribe to new securities of any corporation in which my said estate is interested shall be considered...

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