MATTER OF STEINBERGER


15 Misc.2d 825 (1958)

In the Matter of the Construction of the Will of Max Steinberger, Deceased.

Surrogate's Court, New York County.

July 10, 1958.


Attorney(s) appearing for the Case

Joseph Epstein for Beatrice R. Steinberger, as trustee, petitioner.

Cravath, Swaine & Moore (Thomas J. Sweeney and Julius B. Poppinga of counsel), for Chemical Corn Exchange Bank, as cotrustee, respondent.

Brozan & Holman for Franklin Steinberger and another, respondents.


JOSEPH A. COX, S.

In this construction proceeding the court is asked to determine whether petitioner (the widow) or the trust itself must bear the income taxes on payments made to her under the will.

Under paragraph FIFTH thereof testator created a residuary trust of not exceeding $150,000, to pay the entire income to his wife for life in quarterly, or if convenient, monthly installments, with power...

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