Rothblatt v. Nedry

The decedent was survived by his wife, and by two adult children from a former marriage. He bequeathed to his wife 50 per cent of his adjusted gross estate as finally determined for Federal estate tax purposes, and the residue to his children. The form, or language employed to make the bequest to the wife may be termed a standard, or formula marital deduction clause, except that it did not contain a phrase reducing the bequest by the value of property passing to the wife outside the will. The children petitioned the trial court to construe the will as though the missing phrase were not…