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MATTER OF WHEELER

19 Misc.2d 335 (1959)

In the Matter of the Accounting of Robert P. Smith, as Executor of Archer E. Wheeler, Deceased.

Surrogate's Court, Westchester County.

April 2, 1959.

Attorney(s) appearing for the Case

Smith, Hanscht & Croake (Robert P. Smith, Thomas P. Croake, Peter T. Manos of counsel), for petitioner.

Simpson, Thacher & Bartlett (Durand Van Doren, Thomas Thacher, Howard H. Patch, Jr., Jonathan Churchill of counsel), for Massachusetts Institute of Technology.

Edward J. Mack for Priscilla Hinkley, as administratrix of the estate of Jane L. H. Madeira, deceased, respondent.

Louis J. Lefkowitz, Attorney-General (Tony Berman of counsel), for ultimate charitable beneficiaries, respondent.

JOHN J. DILLON, S.

The objections interposed to this executor's final accounting proceeding require the court to determine whether the will contains a clear direction with respect to the source of payment of estate taxes imposed upon non-testamentary as well as testamentary assets.

The testator died a resident of Westchester County on March 8, 1956, and his will dated December 15, 1953 was duly admitted...

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