In re Kings County Trust Co. — 237 N.Y. 530

Majority

p. 530

In the Matter of the Petition of Kings County Trust Company, as Trustee under the Will of James S. T. Stranahan, Deceased, for Settlement of Its Accounts.

Headnote

Will — trust — establishment of trust — value of stock.

Matter of Stranahan, 204 App. Div. 16 , affirmed.

(Argued November 20, 1923;

decided December 4, 1923.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered

p. 531

December 22, 1922, modifying and affirming as modified a decree of the Kings County Surrogate’s Court construing the will of James S. T. Stranahan, deceased. The Appellate Division directed that the several trusts created in and by the will and codicils of said decedent now existing be established upon a basis of $100 for each share of stock of the Atlantic Dock Company given in trust, and that the said Mary S. Croxson, the beneficiary under the said trusts, be paid all sums arising from said shares of stock in excess of the capital of said trusts as so established at $100 for each share of stock.

Herbert T. Ketehcm for appellants.

Francis L. Durk for respondent.

i Order affirmed, with costs to all parties payable out of the estate; no opinion.

Concur: His cock, Ch. J., Hogan, Caedozo, Pound, McLaughlin, Crane and Andrews, JJ.