MATTER OF RATKOWSKY


44 Misc.2d 911 (1964)

In the Matter of The Estate of Irene Ratkowsky, Deceased.

Surrogate's Court, Nassau County.

December 30, 1964


Attorney(s) appearing for the Case

Morris Winter for petitioners. Silverstein & Levitt for Abe Ratkowsky, claimant-respondent. Turk, Marsh, Kelly & Hoare for Ella F. Nagel and others, remaindermen. Louis J. Lefkowitz, Attorney-General (Frank J. Duval of counsel), for Hudson River State Hospital. Charles Feit, as special guardian for Nicholas Fischer, an incompetent.


JOHN D. BENNETT, S.

In this accounting proceeding the surviving spouse has objected to the deduction from his income, as beneficiary of the residuary trust, of amounts used by the executors to pay real estate taxes on real property in which the surviving spouse has a life tenancy.

The objectant contends that not only were such deductions and payments improper, but that the will relieves him of the obligation...

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