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MATTER OF DICK

29 Misc.2d 648 (1961)

In the Matter of The Estate of Frank M. Dick, Deceased.

Surrogate's Court, New York County.

June 9, 1961

Attorney(s) appearing for the Case

Sherman & Sterlin for Fairman R. Dick, as trustee, petitioner. Boal, McQuade & Fitzpatrick (Arthur M. Boal, Jr., and Francis J. Fitzpatrick of counsel), for Theodore A. Lauer and another, as executors of Minette G. M. Dick, deceased, respondents. Simpson, Thacher & Bartlett (John L. Casey, Jr., of counsel), for Bebe D. Rogers and another, respondents. Irving Saltzman, as special guardian for Anne C. Dick, infant, respondent.

JOSEPH A. COX, S.

Objections to the account of the surviving trustee have been filed by the representatives of a deceased income beneficiary. The objections pertain to a charge against income for the beneficiary's purported share of income tax payable for the year 1957. It is the contention of the objectants that the full amount of the income tax was chargeable against the principal of the trust.

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