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MATTER OF MULLER

29 Misc.2d 744 (1961)

In the Matter of The Estate of Herman J. Muller, Deceased.

Surrogate's Court, New York County.

April 12, 1961

Attorney(s) appearing for the Case

Olvany, Eisner & Donnelly (Samuel Michelman of counsel), for Lily T. Behrens, petitioner. Milbank Tweed Hope & Hadley (Daniel G. Tenney, Jr., of counsel), for Chase Manhattan Bank, respondent. Henry H. Sternberg, as special guardian for Carol P. Rigo and others, infants, respondent.

JOSEPH A. COX, S.

In its prior decision in this proceeding (28 Misc.2d 1073) the court ruled that the shares of stock which were capitalized by the transfer of $114,961,482 to the capital common stock account of the corporation represented a stock dividend. It was held further that under the terms of this testator's will the trust income beneficiary became entitled to so much of the stock dividend as was received...

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