In re the Accounting of Schmith

Decree entered in Surrogate’s Court of Bronx County unanimously modified, on the law and on the facts, so as to delete the first and second decretal paragraphs thereof. As so modified, the decree is affirmed, with $50 costs and disbursements to all parties filing briefs payable out of the estate. By reason of the modification, certain sums taxable to the estate on which estate taxes, both Federal and State have been paid out of the residuary estate are held to be the individual property of Abraham Schmith. Objections 8 and 9 to the executor’s account are, therefore, sustained to the effect…