MATTER OF PROBERT


22 A.D.2d 735 (1964)

In the Matter of the Accounting of Elizabeth Probert, as Executrix of Emma C. Hoffman, Deceased, and for Emma C. Hoffman, as Trustee under Trust Created under The Will of Joseph Hoffman, Deceased, Respondent. Harold S. Laws, as Administrator of The Estate of Joseph Hoffman, Deceased, et al., Appellants. Lois B. Gammons et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 28, 1964


Per Curiam.

Two issues were presented for construction, the time of vesting of the principal of the trust in question and apportionment between principal and income of certain General Electric Company stock. As to the first issue the Surrogate impliedly found no occasion for controversy and all of the parties agreed that such principal would vest at the testator's death. As to the second issue the Surrogate merely applied the distinction between shares of stock...

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