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MATTER OF JARET

17 N.Y.2d 450 (1965)

In the Matter of The Estate of David Jaret, Deceased. Mildred Jaret et al., as Executors of David Jaret, Deceased, et al., Appellants; Olive Jennison, Respondent.

Court of Appeals of the State of New York.

Decided December 30, 1965.

Attorney(s) appearing for the Case

Herbert Cooks for Mildred Jaret and Herman B. Forman, executors, and for Herman B. Forman, individually, appellants.

Daniel Levy for Viola Rabke, appellant.

Edward H. Freiberger for respondent.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE and BERGAN. Dissent: Judges SCILEPPI and FULD.

Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate.

Judge SCILEPPI dissents and votes to reverse in the following memorandum in which Judge FULD concurs: The language of the will and codicils does not contain a clear and unambiguous direction against apportionment of taxes on all legacies (Matter of Pepper, 307 N.Y. 242). However, since such a direction...

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