Legal Opinion

In re the Estate of Jaret

New York Surrogate's Court

Decided September 29, 1964PublishedCited by 11 opinions

1Opinion of the Court

Orrin G. Judd, S.

A legatee devisee objects to apportionment of estate taxes proposed in the account, contending that the will exonerated her devises from contribution to taxes.

The ‘ first ’ ’ article of the will directs payment of debts and funeral expenses; the “ second ” bequeaths personal effects to the wife; and the “third” is a marital trust clause, which creates a trust of 50% of the adjusted gross estate for the benefit of his wife. The “ fourth ” article provides: “Any and all succession, inheritance or estate taxes, State and Federal, levied or assessed by reason of my death, whether…

2Cases cited2 opinions

  1. In Re the Accounting of BuechnerNew York Court of Appeals · 1919
  2. In re the Estate of PepperNew York Court of Appeals · 1954

3Cited by11 opinions

  1. In re the Estate of OlsonNew York Surrogate's Court · 1974
  2. Davis v. DavisSupreme Court of Alabama · 1972
  3. In re McKinneyAppellate Division of the Supreme Court of the State of New York · 1984
  4. In re the Estate of VolckeningNew York Surrogate's Court · 1972
  5. In re the Estate of SchuchmanNew York Surrogate's Court · 1966

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