Von Lingen v. Safe Deposit & Trust Co.

Parice, J., hied a concurring opinion as follows: The writer concurs in the conclusion of the majority of the court, which requires from the ultimate beneficiaries of the partial distribution made to Alberta L. Field an accounting upon the basis of the receipt by her as legatee of $20,000 in securities from the executors of Catherine Alario Von Lingen, no matter what may be the later fluctuation either of the dollar as a unit of value or of the securities transferred by the executors. The same rules should prevail with respect to the legatees living in Germany who, before a final distribution, also received from the executors certain German securities, at their then current market value in marks, as a partial distribution of the estate in which they were equal residuary legatees with Alberta L. Field. The opinion, however, declares that “any advantage which the German legatees may have derived from advancements on their legacies prior to the general distribution of ^November 1st, 1919, should bo ascertained and considered for the purpose of the equalization intended by our former and present decisions in this case.” I dissent from this statement, if it be intended to announce a different rule of accountability for the German legatees ³⁶⁸ than for the American legatee. There does not seem to be any substantial reason to support such a distinction.

Upon principle and authority both the German and American legatees, who have received securities or money in anticipation of their respective distributive shares in the estate of Catherine Marie Yon Fingen (a) should be charged as of the time of their delivery (&) with the then current market price in dollars or marks, accordingly as the securities may be either American or German, and the legatees will discharge any overpayment on account of their shares in dollars or marks respectively. These several amounts, however disparate the rate of exchange may be at the time of a general distribution of the estate, will then be translated into some common