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MATTER OF PEPPER

307 N.Y. 242 (1954)

In the Matter of The Estate of Albert Pepper, Deceased. Arnold M. Grant, as Executor of Albert Pepper, Deceased, Respondent; Sylvia Glantz et al., Appellants.

Court of Appeals of the State of New York.

Decided June 4, 1954

Attorney(s) appearing for the Case

George Natanson and M. Theodore Chester for appellants.

Wolfe R. Charney and Arnold M. Grant for respondent.

LEWIS, Ch. J., DESMOND, DYE, FULD and VAN VOORHIS, JJ., concur with CONWAY, J.; FROESSEL, J., dissents in opinion.

CONWAY, J.

This is an appeal by leave of this court from an order of the Appellate Division, First Department, affirming, unanimously, a decree of the Surrogate's Court, New York County (FRANKENTHALER, S.), which adjudged that paragraph Third of testator's will was not a direction against estate tax apportionment within the meaning of section 124 of the Decedent Estate Law.

Testator died on June 12, 1949, survived...

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