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Matter of Jaret

Court of Appeals of the State of New York
Dec 30, 1965
213 N.E.2d 889 (N.Y. 1965)

Opinion

Argued November 22, 1965

Decided December 30, 1965

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ORRIN G. JUDD, S.

Herbert Cooks for Mildred Jaret and Herman B. Forman, executors, and for Herman B. Forman, individually, appellants.

Daniel Levy for Viola Rabke, appellant.

Edward H. Freiberger for respondent.


Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE and BERGAN. Judge SCILEPPI dissents and votes to reverse in the following memorandum in which Judge FULD concurs: The language of the will and codicils does not contain a clear and unambiguous direction against apportionment of taxes on all legacies ( Matter of Pepper, 307 N.Y. 242). However, since such a direction is present concerning taxes due on the bequests preceding article Fourth (including the bequest to the wife in the third codicil which amended article Third of the will), taxes on these legacies should be paid out of the actual residuary estate. The order of the Appellate Division should be reversed, and the matter remitted to the Surrogate's Court, Kings County, for proceedings not inconsistent with this memorandum.


Summaries of

Matter of Jaret

Court of Appeals of the State of New York
Dec 30, 1965
213 N.E.2d 889 (N.Y. 1965)
Case details for

Matter of Jaret

Case Details

Full title:In the Matter of the Estate of DAVID JARET, Deceased. MILDRED JARET et…

Court:Court of Appeals of the State of New York

Date published: Dec 30, 1965

Citations

213 N.E.2d 889 (N.Y. 1965)
213 N.E.2d 889
266 N.Y.S.2d 809

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