Legal Opinion

In re the Accounting of Smith

New York Surrogate's Court

Decided April 2, 1959PublishedCited by 3 opinions

1Opinion of the Court

John J. Dillon, g.

The objections interposed to this executor’s final accounting proceeding require the court to determine whether the will contains a clear direction with respect to the source of payment of estate taxes imposed upon non-testamentary as well as testamentary assets.

The testator died a resident of Westchester County on March 8, 1956, and his will dated December 15,1953 was duly admitted to probate pursuant to a decree of this court dated April 2,1956. Article “First” of the will provides as follows: “First: I *337direct that all my just debts and funeral expenses be paid as soon…

2Cases cited20 opinions

  1. In re the Estate of PottsAppellate Division of the Supreme Court of the State of New York · 1925
  2. In Re the Accounting of PhippsNew York Court of Appeals · 1948
  3. In re the Accounting of PhippsNew York Supreme Court · 1946
  4. In Re the Estate of DuryeaNew York Court of Appeals · 1938
  5. In re the Estate of KaufmanNew York Surrogate's Court · 1939

15 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In the Matter of Estate of TovreaCourt of Appeals of Arizona · 1992
  2. In re the Accounting of SmithNew York Surrogate's Court · 1960
  3. In re the Estate of SchneiderNew York Surrogate's Court · 1966

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