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MATTER OF SLADE

4 Misc.2d 616 (1956)

In the Matter of the Construction of the Will of Bertha C. Slade, Deceased.

Surrogate's Court, New York County.

December 5, 1956.

Attorney(s) appearing for the Case

Satterlee, Warfield & Stephens for petitioner.

Mordecai Rochlin and Bernard H. Greene for Helen C. McCabe and another, respondents.

Peter H. Kaminer and John B. Jessup for Northern Westchester Hospital, respondent.

Mark P. Stumpf for St. Matthews Church, respondent.

James T. Buckley for Presbyterian Hospital of the City of New York, respondent.

Charles I. Pierce, Jr., for President and Fellows of Harvard College, respondent and cross petitioner.

Leonard A. Blue, Harold F. Lewis and B. Harrison Frankel for Society of the New York Hospital, respondent.

Colton P. Wagner and R. Preston Searle for District Nursing Association of Northern Westchester County, respondent and cross petitioner.

Gerdes & Montgomery for Laura S. Mills and another, respondents.

Henry G. McDonough and Frank Gioeli for State Tax Commission, respondent.

WILLIAM T. COLLINS, S.

This is a proceeding for construction of the will and for instructions concerning the apportionment of estate taxes under section 124 of the Decedent Estate Law. Two questions are presented on the application, the first having to do with the extent to which nontestamentary benefits are subjected to the payment of taxes by the will and the second with the manner in which the residuary estate...

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