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MATTER OF ABRY

30 Misc.2d 265 (1961)

In the Matter of the Intermediate Accounting of Rush H. Kress, as Trustee under Deed of Trust of Sylvia K. Abry.

Supreme Court, Special Term, New York County.

March 30, 1961

Attorney(s) appearing for the Case

Duer, Strong & Whitehead for petitioner. Wm. Mitchell Van Winkle, Jr., for respondent.

THOMAS A. AURELIO, J.

In this proceeding for the settlement of an account of a trustee under an irrevocable trust indenture, the main issue is that of contribution by said trustee to payment of estate and inheritance taxes upon the estate of the deceased settlor. The question is whether under a Connecticut statute providing for such contribution and by reason of an express provision in the settlor's will, the trustee is obliged to pay an

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