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MATTER OF CARO

47 Misc.2d 217 (1965)

In the Matter of The Estate of Abraham H. Caro, Deceased.

Surrogate's Court, New York County.

May 25, 1965

Attorney(s) appearing for the Case

Gustave Simons for executors. Solon S. Kane and Frank Gioeli for State Tax Commission.

JOSEPH A. COX, S.

This appeal by the executors is from the pro forma order fixing estate tax upon the appraiser's report. The ground for appeal is the appraiser's refusal to allow any deduction for the value of a trust remainder interest bequeathed to charity.

By article SIXTH of his will the testator bequeathed his residuary estate in trust to pay the income thereof to his widow and said: "if...

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