In re the Construction of the Will of Muller

New York Court of Appeals

In re the Construction of the Will of Muller

187 N.E.2d 477, 12 N.Y.2d 851, 236 N.Y.S.2d 627, 1962 N.Y. LEXIS 813

DecidedDecember 31, 1962

StatusPublished

This text of 187 N.E.2d 477 (In re the Construction of the Will of Muller) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Construction of the Will of Muller, 187 N.E.2d 477, 12 N.Y.2d 851, 236 N.Y.S.2d 627, 1962 N.Y. LEXIS 813 (N.Y. 1962).

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Opinion

Order affirmed, Avith costs to all parties appearing separately and filing separate briefs payable out of the estate; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Ftjld, Burke and Foster. Judge Froessel dissents and votes to reverse and to reinstate the decree of the Surrogate upon the dissenting [854]*854opinion at the Appellate Division, and Judge Van Vookhis dissents and votes to reverse the order of the Appellate Division and to direct the trustee to allocate all 660 shares of the new $15 par value stock of the Ohio Edison Company to principal, in the following memorandum: In no event, as it seems to me, should more than 63 shares of the new $15 par value stock of Ohio Edison be allocated to income. I think that Matter of Fosdick (4 N Y 2d 646) should be reconsidered and overruled. If any portion is held to be a distribution of income, it should not exceed what would be indicated by the market value of the shares (see article by Dean Niles — 98 Trusts & Est. 924, 930).

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Order affirmed, Avith costs to all parties appearing separately and filing separate briefs payable out of the estate; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Ftjld, Burke and Foster. Judge Froessel dissents and votes to reverse and to reinstate the decree of the Surrogate upon the dissenting [854]*854opinion at the Appellate Division, and Judge Van Vookhis dissents and votes to reverse the order of the Appellate Division and to direct the trustee to allocate all 660 shares of the new $15 par value stock of the Ohio Edison Company to principal, in the following memorandum: In no event, as it seems to me, should more than 63 shares of the new $15 par value stock of Ohio Edison be allocated to income. I think that Matter of Fosdick (4 N Y 2d 646) should be reconsidered and overruled. If any portion is held to be a distribution of income, it should not exceed what would be indicated by the market value of the shares (see article by Dean Niles — 98 Trusts & Est. 924, 930).

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187 N.E.2d 477, 12 N.Y.2d 851, 236 N.Y.S.2d 627, 1962 N.Y. LEXIS 813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-construction-of-the-will-of-muller-ny-1962.