Legal Opinion

In re the Accounting of Fischer

New York Surrogate's Court

Decided April 18, 1957PublishedCited by 1 opinion

1Opinion of the Court

Samuel Fails, S.

In this executors’ accounting proceeding the daughter, a residuary legatee, has interposed an objection to the personal claim interposed by the son, the other residuary legatee, one of the. accountants, for money advanced to pay a Federal tax deficiency.

A determination of said objection requires a consideration of Paragraph “ eighth ” of the will, which reads as follows: ‘ ‘ eighth : I direct that all transfer, succession or inheritance taxes upon my estate or any portion thereof or upon any legacy or devise hereunder, be a charge upon and be paid from my residuary estate.”

The…

2Cases cited6 opinions

  1. In Re the Accounting of PhippsNew York Court of Appeals · 1948
  2. In re the Accounting of PhippsNew York Supreme Court · 1946
  3. In re AldrichAppellate Division of the Supreme Court of the State of New York · 1940
  4. In re the Accounting of HalleAppellate Division of the Supreme Court of the State of New York · 1946
  5. In re the Estate of HalidayNew York Surrogate's Court · 1944

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. In re the Construction of the Will of BarriciniNew York Surrogate's Court · 1959

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