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MATTER OF PAINE

7 Misc.2d 795 (1956)

In the Matter of the Construction of the Will of George E. Paine, Deceased.

Surrogate's Court, New York County.

November 2, 1956.

Attorney(s) appearing for the Case

Frank A. F. Severance for Augustus G. Paine, II, and others, as executors, petitioners.

Albert B. Maginnes for Hanover Bank and others, as trustees, respondents.

Frederick E. Donaldson and Robert A. Hendrickson, Jr., for Augustus G. Paine, II, and others, as trustees, respondents.

Albert Cohn, special guardian for Abby D. Paine and others, infants, respondent.

WILLIAM T. COLLINS, S.

In this construction proceeding the court holds that Matter of Mattes (205 Misc. 1098, affd. 285 App. Div. 867, affd. 309 N.Y. 942) is controlling. Pursuant to the reasoning in that case it is here held that the taxes in question payable on the general legacies not included in the residuary should first be paid out...

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