New York Court of Appeals

In the Matter of Kerwin H. Fulton, as Substituted Trustee Under the Will of Alexander Clark, Deceased, Respondent…

November 24, 1931257 N.Y. 487

Summary

The Court affirmed the lower court’s order after reducing the appraisal award for the dissenting preferred shareholder to the par value of the shares, holding that the proper valuation method under section 21 is the capital contributed per share and that the proceeding is not a dissolution for surplus‑distribution purposes.