MATTER OF AYER


25 Misc.2d 644 (1960)

In the Matter of the Trust Indenture Dated May 17, 1926, Made by Henry S. Ayer, Now Deceased.

Supreme Court, Special Term, New York County.

March 24, 1960.


Attorney(s) appearing for the Case

Turk, Marsh, Ouchterloney & Kelly for petitioner. Kelley, Drye, Newhall & Maginney for Hanover Bank and another, as executors, respondents. John F. Keating, as special guardian for infant respondents.


OWEN McGIVERN, J.

In this proceeding pursuant to article 79 of the Civil Practice Act for the judicial settlement of the accounts of the surviving trustee of an inter vivos trust, all parties have requested a preliminary determination as to the allocation, as between principal and income, of certain stock dividends and stock splits received by the trustee.

The only relevant provision of the trust indenture provides: "All cash dividends...

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