HENDERSON, J.A.:—This is an appeal from an order of Mr. Justice Hogg dated January 15, 1951, upon an application of the executors and trustees of the estate of the late Helen Gertrude Fleck for the advice and direction of the Court upon the following question:
“Does the Twenty Thousand Dollars ($20,000.00) representing the proceeds payable to the Executors and Trustees of the Estate of Helen Gertrude Fleck, deceased, on the redemption of two hundred (200) preferred shares, being part of the redemption of one thousand (1,000) preferred shares of Booth Lumber Limited issued by way of stock dividend out of the tax-paid undistributed income of the company following an election by the company to exercise rights under Section 95A(1) of the Income Tax Act, S.C. 1948, Chapter 52, constitute income or capital in the hands of the Trustees ?”
We are all of the opinion that the $20,000 in question constitutes income in the hands of the said executors and trustees for the benefit of those entitled to the income under the terms of the will of the said Helen Gertrude Fleck, and we therefore affirm the order appealed from.
We are of opinion that the costs of all parties to this appeal shall, after taxation, be paid out of the estate, those of the said executors and trustees as between solicitor and client.