Stokes' Estate
Stokes' Estate
Opinion of the Court
Opinion by
The opinion which has just been filed in the appeal of Anna S. Truitt, at No. 262, January Term, 1912, virtually disposes of the question here raised. The apportionment of the dividend there made preserves to the
We can see nothing in this record to indicate that the railroad company had anything to do directly with the proposed contract to be made between the Lehigh Valley Coal Company and the new sales company which was to be organized. Nor does it appear that the railroad company intended to give away any of its property or franchises. It does appear from the record that the dividend was declared from a surplus accumulated by the railroad company before the organization of the coal sales company. It was shown that the con
The assignments of error are overruled, and the appeal is dismissed.
Reference
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- Syllabus
- Wills — Distribution—Stock—Dividend—Life tenants and remaindermen — Fall in market price of stock. 1. In a contest between the remaindermen and life tenants under a trust created by will over the proper apportionment of a dividend declared on shares of stock in a company forming part of the trust fund, it is the intrinsic value of the shares to be ascertained from the amount in value of the assets at the death of the testator and at the time of the declaration of the dividend, which governs in the apportionment; a mere change in the market price of the stock after the declaration of the dividend is not in itself sufficient to show any impairment of that portion of the trust fund consisting of the stock such as would reduce its value below what it was when the trust began. 2. It is the intrinsic value of the shares, to be ascertained from the amount and value of the assets at the. death of the testator, and at the time of the increase of stock, which governs in the apportionment of the surplus profits. The market value may aid in the ascertainment of the actual válue, and is therefore properly received in evidence on that issue.