MATTER OF WALSH


14 Misc.2d 1012 (1958)

In the Matter of the Accounting of Matilda R. Walsh et al., as Executors of Clifford S. Walsh, Deceased.

Surrogate's Court, Westchester County.

August 4, 1958.


Attorney(s) appearing for the Case

S. M. & D. E. Meeker for petitioner.

Riggs, Ferris & Geer for Matilda R. Walsh, individually.

Thomas J. Flattery, as special guardian.


JOHN J. DILLON, S.

The objection interposed by the special guardian raises a question as to whether the trust created under article "THIRD" in favor of the surviving spouse must be reduced by an amount equal to the gifts made to her by the testator during his lifetime and included by the Federal authorities as part of the gross taxable estate.

Article "THIRD" provides as follows: "If my wife, MATILDA...

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