ROSENBURG v. LOMBARDI

[No. 163, September Term, 1959.]

222 Md. 346 (1960)

160 A.2d 601

ROSENBURG ET AL. v. LOMBARDI, GUARDIAN AD LITEM ET AL. (Two Appeals In One Record)

Court of Appeals of Maryland.

Decided May 12, 1960.


Attorney(s) appearing for the Case

Allan H. Fisher, Jr., and Arthur W. Machen, Jr., with whom were Samuel J. Fisher and Venable, Baetjer & Howard on the brief, for appellants.

George Gump, with whom were Joseph Bernstein, Shale D. Stiller, and Frank, Bernstein, Gutberlet & Conaway on the brief, for appellees.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.


PRESCOTT, J., delivered the opinion of the Court.

The sole question involved in this appeal is whether a capital gains dividend of the Lehman Corporation (Lehman), an investment company, paid, on January 28, 1958, to a trust created prior to June 1, 1939 (and, therefore, not governed by the provisions of the Code (1957), Article 75 B) should be treated as principal or income of the said estate.

The testator, Lewis S. Rosenburg, late of Baltimore City, died...

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