In re the Estate of Aronson

Joseph A. Cox, S.

The decedent died in December, 1953 leaving a will under which his widow is the sole beneficiary. The order fixing the New York estate tax allowed a maximum marital deduction of approximately $148,000 pursuant to paragraph (h) of subdivision 4 of section 249-s of the Tax Law. Included in the adjusted gross estate was insurance in excess of $100,000 but none of the insurance was required to fund the marital deduction. The executors contend that the estate is entitled to an insurance exemption of $100,000 under section 249-q of the Tax Law and because such exemption was not…