MATTER OF LEONARD


16 Misc.2d 465 (1959)

In the Matter of The Estate of Jesse H. Leonard, Deceased.

Surrogate's Court, Albany County.

February 3, 1959.


Attorney(s) appearing for the Case

Wiswall, Wood, Olson & Gordon for petitioner.

Mackrell, Ranney & Rommel for respondents.

Charles J. Tobin, Jr., for St. Vincent Child Care Society and another.

Joseph H. Einhorn for Albany County Chapter of the American National Red Cross.

Julius R. Pollatschek for Amvets National Service Foundation.

D. Cady Herrick for St. Peter's Church.

Whalen, McNamee, Creble & Nichols for Trinity Institute, Inc.

James S. Millea for St. Anne's Institute.

Hinman, Straub, Pigors & Manning for St. Margaret's Home and another.


HAROLD E. KOREMAN, S.

In this proceeding to construe paragraph "First" of the will of decedent the basic question is whether testator has directed against apportionment of taxes and, if so, whether such direction applies to nontestamentary transfers as well as to the testamentary transfers.

Paragraph "First" reads as follows: "I direct my executors hereinafter named to pay all of my just debts, funeral and administration expenses, including such...

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