In re the Estate of Maron

This appeal presents the question whether real property specifically devised must bear a pro rata share of all of the administration and funeral expenses, debts and estate taxes. In reliance upon EPTL 13-1.3 (subd [b]) appellant contends that such realty is chargeable therewith. That subdivision provides that "In applying such property [i.e., estate assets] to the payment of any item specified in paragraph (a) [to wit, administration expenses, debts and taxes], no distinction shall be made between real and personal property”.

The testator bequeathed all of his personal property to his wife,…