In re the Estate of Schuchman
New York Surrogate's Court
1Opinion of the Court
John D. Bennett, S.
In this accounting proceeding the special guardian has requested a construction of paragraph “ Seventh ” of the will relating to the apportionment of estate taxes.
Paragraph “ Seventh ” reads as follows: “ I direct that all estate taxes for which my estate may be responsible shall be paid out of my general estate.”
It is the special guardian’s contention that the above clause is not a clear and unambiguous direction against apportionment *542of estate taxes attributable not only to nontestamentary assets but also to testamentary assets. The executrix, on the other hand, has taken…
2Cases cited8 opinions
- In re the Estate of PepperNew York Court of Appeals · 1954
- In Re the Accounting of PhippsNew York Court of Appeals · 1948
- In re the Accounting of PhippsNew York Supreme Court · 1946
- In re the Estate of BayneNew York Surrogate's Court · 1950
- In re the Estate of JaretNew York Surrogate's Court · 1964
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3Cited by5 opinions
- In Re Estate of HilliarWyoming Supreme Court · 1972
- In re the Estate of ClineSupreme Court of Kansas · 1995
- In re the Estate of DominickNew York Surrogate's Court · 1977
- In Re Estate of HilliarWyoming Supreme Court · 1972
- In re Estate of MastenAppellate Division of the Supreme Court of the State of New York · 1989