MATTER OF ESTATE OF DAWSON


136 N.J. 1 (1994)

641 A.2d 1026

IN THE MATTER OF THE ESTATE OF DUDLEY B. DAWSON, DECEASED, LATE OF BOONTON, MORRIS COUNTY, NEW JERSEY.

The Supreme Court of New Jersey.

Decided June 9, 1994.

As Amended July 15, 1994.


Attorney(s) appearing for the Case

Richard Kahn argued the cause for appellant guardian ad litem, pro se.

Howard G. Wachenfeld argued the cause for appellant Manufacturers Hanover Trust Company, Trustee (Tompkins, McGuire & Wachenfeld, attorneys; Mr. Wachenfeld and Brian M. English, on the brief).

Edward John Trawinski argued the cause for respondent, Edwin W. Kimball (Schenk, Price, Smith & King, attorneys; Douglas S. Brierley, on the brief).


The opinion of the court was delivered by CLIFFORD, J.

This appeal poses the issue of the correct interpretation and application of the term "stock dividend" as used in the testator's will. The narrow question is whether trustees of a testamentary trust should allocate eight different stock distributions to income or to principal. The will provided that in administering the trust, the trustees should allocate stock dividends...

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