In re the Estate of Volckening

Nathan R. Sobel, S.

The executors have requested construction of several provisions of Mrs. Volckening’s will admitted to probate in 1969.

I

The principal problem concerns the meaning of the tax clause. Since the bulk of the estate consists of stock in a family corporation, construction of the tax clause in turn may require a section 303 Internal Revenue Code stock redemption to meet the tax obligation.

In this State the statutory tax apportionment rule (EPTL 2-1.8) is “ burden-on-the-recipient ”. Testator may of course make an ‘ ‘ otherwise direction ’ ’. The common otherwise direction is “…