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MATTER OF SHUBERT

10 N.Y.2d 461 (1962)

In the Matter of the Construction of the Will of Lee Shubert, Deceased. Milton Shubert et al., as Executors of Lee Shubert, Deceased, et al., Appellants-Respondents; William Klein et al., as Executors of Lee Shubert, Deceased, et al., Respondents; Sam S. Shubert Foundation, Inc., Respondent-Appellant.

Court of Appeals of the State of New York.

Decided January 18, 1962.

Attorney(s) appearing for the Case

Francis A. Brick, Jr., for Milton Shubert, executor, appellant-respondent.

William T. Collins, II, Freeman J. Daniels and Charles E. Fedden for Sylvia W. Golde, executrix, appellant-respondent.

Edward Edelman, special guardian, and David M. Berger for Warren S. Golde, an infant, appellant-respondent.

James N. Vaughan for respondent-appellant.

Lionel S. Popkin, William Klein, in person, and Sidney L. Freeman for William Klein and another, executors, respondents.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

FOSTER, J.

The controversy here involved centers around article EIGHTEENTH of the will of Lee Shubert which directs the payment of estate taxes, as follows: "I direct that all estate, inheritance, succession, transfer or similar taxes on my estate passing under this WILL shall be paid out of my residuary estate."

The executors under the will instituted this proceeding in Surrogate's Court, New York County...

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