MATTER OF SPERRY


4 A.D.2d 814 (1957)

In the Matter of The Estate of Dennis A. Sperry, Deceased. State Tax Commission, Appellant; Shirley K. Sperry et al., as Executors of Dennis A. Sperry, Deceased, Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 24, 1957


The issue is as to the applicability of the statutory provisions for a marital deduction (Tax Law, § 249-s, subd. 3) to the interest in property passing from decedent by virtue of testamentary provisions made for the benefit of his widow. By his will, decedent created a trust to consist of his residuary estate and to be administered by his executrixes, they being his widow and his sister, the income to be divided between them during "their respective lifetimes", and...

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