IN RE BURNETT


43 N.J. Super. 534 (1957)

129 A.2d 321

IN THE MATTER OF THE ESTATE OF CORA TIMKEN BURNETT, DECEASED.

Superior Court of New Jersey, Chancery Division.

Decided February 8, 1957.


Attorney(s) appearing for the Case

Mr. Donald H. McLean, attorney for plaintiff executors.

Messrs. Riker, Emery & Danzig, attorneys for defendants Timken, et als.

Messrs. Wharton, Stewart & Davis, attorneys for defendant Cleveland Trust Company.


GRIMSHAW, J.S.C.

The court is asked to construe the Fifth paragraph of the last will and testament of Cora Timken Burnett, who died a resident of Bergen County on January 7, 1956. The precise question for determination is whether or not the inter vivos trust shall contribute its proportionate share of the estate taxes payable as a result of Mrs. Burnett's death.

On July 14, 1920 the testatrix, then Cora Timken, created an irrevocable trust, under the...

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