In re the Accounting of Holzworth

Headnote

Matter of Holzworth, 166 App. Div. 150 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 22, 1915, which reversed a decree of the Westchester County Surrogate’s Court directing distribution of the estate of William N. Slater, deceased, in kind. Decedent by his will gave one-half of his estate to his widow and left the other half in trust for her benefit, with remainder at her death to his brother and sister in equal shares. The assets consisted principally of 329 shares of stock in a corporation known as the Port Chester Lumber Com

pany. The capital stock of this company was 450 shares, and the decedent owned the controlling interest therein. About five years after the death of the testator a proceeding was begun to compel the executrix to account, and an order was made accordingly. In her account she stated that she still held the shares of stock of the Port Chester Lumber Company unsold and explained the reasons why she had not sold them. Pending the decree of the surrogate on the accounting proceedings, the sister, Mary G-. Slater, and the brother, Abraham H. Slater, filed a consent in writing to take their respective shares in specie, that is, in the stock of the Port Chester Lumber Company.