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IN MATTER OF LEONARD

9 A.D.2d 1 (1959)

In the Matter of the Construction of The Will of Jesse H. Leonard, Deceased. Merle Welch et al., Appellants. State Bank of Albany et al., Respondents

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

August 13, 1959.

Attorney(s) appearing for the Case

Mackrell, Ranney & Rommel (Warren W. Rommel of counsel), for appellants.

Wiswall, Wood, Olson & Gordon for State Bank of Albany, respondent.

BERGAN, J. P., COON and REYNOLDS, JJ., concur.

GIBSON, J.

Appeal is taken from a decree which construed paragraph "First" of testator's will as containing a valid direction for the payment from the residuary estate of all Federal and New York estate taxes assessed upon property passing under the will, without apportionment of such taxes among the beneficiaries concerned (Decedent Estate Law, § 124) but held that there was no direction for like payment,...

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