MTR. OF WELLINGTON


35 Misc.2d 277 (1962)

In the Matter of The Estate of C. Oliver Wellington, Deceased.

Surrogate's Court, Suffolk County.

July 16, 1962


Attorney(s) appearing for the Case

Turk, Marsh, Ouchterloney & Kelly for petitioner. White & Case for Bankers Trust Company and another, as executors and trustees. William F. Mackey, Jr., as special guardian.


PIERSON R. HILDRETH, S.

This is a construction proceeding. The question involved concerns whether the estate's share of earnings of a partnership of which decedent was a member is to be considered as income or principal in the hands of the executors and trustees. The petitioner is decedent's widow who is one of the executors and trustees and also the income beneficiary of trusts under the will.

Decedent...

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