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MATTER OF RUPPERT

1 Misc.2d 1072 (1955)

In the Matter of the Accounting of Jeremiah T. Mahoney et al., as Executors of George E. Ruppert, Deceased.

Surrogate's Court, New York County.

December 20, 1955.

Attorney(s) appearing for the Case

Mahoney, Spohr & Mahoney for Jeremiah T. Mahoney and another, as executors of George E. Ruppert, deceased, petitioners.

Emanuel A. Stern for Pearl B. Ruppert, as executrix of George E. Ruppert, deceased, petitioner.

COLLINS, S.

The failure of the testator to take the benefit of the estate tax marital deduction is the basis for the widow's attempt to take against the terms of the will (Decedent Estate Law, § 18). The estate is a very substantial one and the general and specific legacies are insignificant. The residuary estate is set up in four separate trusts: 40% for the life use of the widow; 40% for the benefit...

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