MATTER OF CHAPMAN


208 Misc. 390 (1955)

In the Matter of the Construction of The Will of Beatrice O. Chapman, Deceased.

Surrogate's Court, Westchester County.

July 11, 1955.


Attorney(s) appearing for the Case

Buchdahl, Lempel & Glassman for George Chapman, petitioner.

White & Case for trustee, respondent.

Otto C. Jaeger, special guardian and special attorney.


FAILE, S.

The income beneficiary of a trust has instituted this independent proceeding for a construction requesting the court to determine that the entire proceeds of an alleged dividend are payable to income.

By article "First" of her will dated May 31, 1938, testatrix provided in part as follows: "I further direct that all dividends whatsoever received by my executors or by my trustees upon the stock...

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