Legal Opinion

In re the Construction of the Will of Barricini

New York Surrogate's Court

Decided May 25, 1959PublishedCited by 1 opinion

1Opinion of the Court

John J. Dillon, S. In this independent construction proceeding, the executors have requested the court to determine whether the direction against apportionment of estate taxes contained in article “ eighth ” of the will (infra) extends to the taxes imposed on nontestamentary assets as well as to the taxes imposed on the assets passing under the residuary estate.

The testator died a resident of Westchester County on June 14, 1952 and his will dated July 24, 1951 was duly admitted to probate pursuant to a decree of this court dated July 24, 1952.

After directing the payment of debts, funeral and…

2Cases cited9 opinions

  1. In re the Construction of the Will of MattesNew York Surrogate's Court · 1954
  2. In re the Construction of the Will of MattesNew York Court of Appeals · 1955
  3. Myers v. . Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1885
  4. Byrnes v. . ByrnesNew York Court of Appeals · 1886
  5. In re the Accounting of EbbesenNew York Surrogate's Court · 1950

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3Cited by1 opinion

  1. In re the Estate of SchneiderNew York Surrogate's Court · 1966

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