MATTER OF ATWATER


205 Misc. 1033 (1954)

In the Matter of the Accounting of Bankers Trust Company, as Executor of William C. Atwater, Jr., Deceased.

Surrogate's Court, Suffolk County.

June 22, 1954.


Attorney(s) appearing for the Case

White & Case for executor, petitioner.

Cravath, Swaine & Moore for Chemical Bank & Trust Co.

Robert E. Thornhill, special guardian.


HAZLETON, S.

The petitioning executor is asking in this accounting proceeding for a construction of paragraph First of the will which reads in part as follows: "I direct my said Executor to pay from my residuary estate as an expense of administration all estate, legacy, succession, inheritance or similar death duties and any interest or penalties thereon which may be levied or assessed against my estate."

The question here presented is: Does paragraph...

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