MATTER OF SMITHERS


15 Misc.2d 701 (1959)

In the Matter of the Accounting of Robert B. Smithers et al., as Executors of Christopher D. Smithers, Deceased.

Surrogate's Court, Nassau County.

January 16, 1959.


Attorney(s) appearing for the Case

Robinson & Henson (Debevoise Plimpton & McLean of counsel), for executors.

Louis J. Lefkowitz, Attorney-General, for ultimate charitable beneficiaries.

William B. Pius, as special guardian.


JOHN D. BENNETT, S.

The apparently complex problems in this accounting proceeding, involving apportionment of estate taxes, are simplified by the requirement that statutory apportionment of estate taxes must apply unless directions in the will to the contrary be explicit, clear and unambiguous. The Attorney-General here, on behalf of charitable beneficiaries under the decedent's will, has interposed objections...

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