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MATTER OF KINDERMANN

48 Misc.2d 607 (1965)

In the Matter of The Estate of Elfriede K. Kindermann, Deceased.

Surrogate's Court, Westchester County.

December 22, 1965

Attorney(s) appearing for the Case

McCarthy, Fingar, Gaynor, Sullivan & Donovan (Elmer L. Fingar and John G. McQuaid of counsel), for petitioners. Cadwalader, Wickersham & Taft (J. Franklin Van Deren and Ezra P. Prentice, Jr., of counsel), for Christian Science Board of Directors of the Mother Church, The First Church of Christ, Scientist, in Boston, Massachusetts, respondent. Louis J. Lefkowitz, Attorney-General (Julius Greenfield and William Roberts of counsel), for ultimate charitable beneficiaries, respondents. Steinkamp & Steinkamp for Wartburg Orphan Farm School of the Evangelical Lutheran Church, respondent.

HARRY G. HERMAN, S.

In article "THIRD" of her will the testatrix directed that estate taxes: "be paid from my residuary estate, and that no part thereof be charged against any legatee, devisee or beneficiary other than other receiving my residuary estate."

Section 124 of the Decedent Estate Law mandates that the amount of the estate tax be equitably apportioned among the persons benefited except where...

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