New York Court of Appeals

Charles McLouth, Respondent, and Pliny T. Sexton, Appellant, as Trustees Under the Will of Caroline Cuyler…

November 23, 1897154 N.Y. 179

Summary

The Court affirmed the lower court's construction of the will, holding that the premium on the United States bonds forming part of the trust capital must be borne by the corpus (remaindermen) and that the Western Union stock dividend is income to the life tenants. The decision rests on the testatrix's intent that the grandchildren receive the "full income" and on the substance of the corporate distribution.