In re the Estate of Stanley

Foley, S.

In this executor’s accounting a construction of the will is asked to determine whether or not the corpus of an inter vivos trust created by the testatrix in her lifetime, which was included by the Federal Government in the gross taxable estate, must bear its proportionate share of the Federal estate taxes, pursuant to the provisions of section 124 of the Decedent Estate Law.

By a trust indenture, dated May 19, 1914, the testatrix, as donor, conveyed property to a corporate trustee, in trust, reserving to herself for life the income thereof and directing the trustee on her death to pay…