In re the Estate of Hammer

The executors have instituted this construction proceeding, prior to the filing of Federal and New York estate tax returns, to determine the effect of a tax exoneration clause, paragraph second, and request a reformation or interpretation of paragraph eleventh, which creates a pre-1969 residuary, multiple, split-income, charitable remainder trust so as to qualify it for a charitable deduction under section 2055 of title 26 of the United States Code, as amended by the 1969 Tax Reform Act (TRA) (83 U.S. Stat. 487 et seq.).

Testator died on September 9, 1973, age 92, leaving a daughter, age 64,…