MATTER OF SHIPMAN


28 Misc.2d 670 (1961)

In the Matter of the Intermediate Accounting of Robert C. Newcomb and Others, as Executors of Helen E. Shipman, Deceased.

Surrogate's Court, Suffolk County.

January 13, 1961


Attorney(s) appearing for the Case

Thom & Boylan for the executors of Helen E. Shipman, deceased. Edwards, Froehlich & McDonough for St. Charles Hospital. Tooker & Tooker for Suffolk County Tuberculosis & Public Health Association, Inc., and others. Delatour & Miller for All Souls Episcopal Church, Rector, Wardens and Vestrymen, Incorporated. Donald L. Auperin for Suffolk County Cancer Committee, Inc. Corner, Weisbrod, Froeb & Charles for Industrial Home for the Blind. Sidney R. Siben for United Cerebral Palsy Association of Suffolk County, Inc. Cadwalader, Wickersham & Taft for Salvation Army.


PIERSON R. HILDRETH, S.

In this intermediate accounting the main question is whether the executors may include the value of stock bequeathed to certain individuals as part of the gross estate on which statutory commissions may be computed. If such stock was disposed of by a specific legacy its value should not be considered (Surrogate's Ct. Act, § 285, subd. 2).

Decedent, by her will, made several...

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