Legal Opinion

In re the Construction of the Will of Patterson

New York Surrogate's Court

Decided July 6, 1949PublishedCited by 2 opinions

1Opinion of the Court

Griffiths, S.

This independent proceeding for a construction presents primarily the question as to whether or not the will directs the source of payment of penalty interest on the Federal estate tax imposed herein. The will of testator, who died on May 26, 1946, is dated October 9, 1944. By article “ First ” of said will he provided as follows:

“ First: I order and direct my Executors to pay all my just debts and funeral expenses and administration expenses as soon after my death as is convenient. I also direct my Executors to pay any and all inheritance, estate, transfer and succession taxes…

2Cases cited5 opinions

  1. Penrose v. United StatesDistrict Court, E.D. Pennsylvania · 1937
  2. In re the Estate of HarjesNew York Surrogate's Court · 1939
  3. In re the Judicial Settlement of the Intermediate Account of Proceedings of Bankers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1930
  4. In re the Estate of BoyleNew York Surrogate's Court · 1931
  5. In re the Accounting of BartlettNew York Surrogate's Court · 1949

3Cited by2 opinions

  1. In re the Construction of the Will of HerzNew York Surrogate's Court · 1953
  2. In re the Accounting of CareyNew York Surrogate's Court · 1954

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