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MATTER OF JARET

24 A.D.2d 479 (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

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 14, 1965

Decree affirmed upon the opinion of the learned Surrogate (44 Misc.2d 262), with costs to all parties filing separate briefs, payable out of the estate.

Rabin and Benjamin, JJ., dissent and vote to reverse the decree, with the following memorandum:

The central issue involved here is whether the decedent's will contained a clear and unambiguous direction with regard to the apportionment of taxes. Article "First" of the...

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