In re the Estate of Lepore

OPINION OF THE COURT

Bernard M. Bloom, S.

In this proceeding the executors petition to construe the will and reform or modify article fifth, the residuary clause, so as to qualify it for an unlimited estate tax marital deduction under the Economic Recovery Tax Act of 1981 (Pub L 97-34,95 US Stat 172, eff Aug. 13, 1981, hereinafter cited as ERTA).

Testator died on August 18,1982 survived by his wife and four children. A carbon-copy draft of a will was forwarded to the testator for his approval in July of 1981, executed without benefit of counsel on July 1, 1982 and admitted to probate on February…