In this appeal by the executrix from the pro forma order of this court, dated October 17, 1963, assessing the estate tax in this estate, the question presented is whether the testator bequeathed his residuary estate outright to his wife, thus qualifying said bequest for the marital deduction (Tax Law, § 249-s, subd. 3, par. [a]), or whether she received only a life estate, or other terminable interest, which would not qualify...
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