MATTER OF BAKER


32 Misc.2d 762 (1961)

In the Matter of The Estate of Grace A. Baker, Deceased.

Surrogate's Court, Fulton County.

November 6, 1961


Attorney(s) appearing for the Case

Dennison & Pulsifer for petitioner. Edward H. Best, Francis Kelliher and Vincent P. Molineaux for State Tax Commission.


A. PAGE SMITH, S.

The executor of the will of Grace A. Baker moves for an order fixing the transfer tax on the estate. The executor is also the husband of the deceased, and he contends that his legacy under the will is entitled to the marital deduction provided by section 249-s of the Tax Law. The State Tax Commission takes a contrary view.

In her will, the testatrix gives to her husband the income, use and management of all of her estate for...

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