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MATTER OF SKIDELL

18 N.Y.2d 308 (1966)

In the Matter of The Estate of Sidney H. Skidell, Deceased. Gladys Skidell, as Executrix of Sidney H. Skidell, Deceased, Appellant; Berenice C. Skidelsky et al., Respondents.

Court of Appeals of the State of New York.

Decided October 25, 1966.

Attorney(s) appearing for the Case

Morris L. Bower for appellant.

Stephen E. Davis for Berenice C. Skidelsky, respondent.

Virginius Victor Zipris, respondent pro se.

Henry N. Ess, III, Martin D. Heyert and Irvine D. Flinn for Cornell University, University of Pennsylvania and the Woman's Medical College of Pennsylvania, respondents.

Chief Judge DESMOND and Judges FULD, BERGAN and KEATING concur in Per Curiam opinion; Judges VAN VOORHIS, BURKE and SCILEPPI dissent and vote to affirm upon the memorandum opinion at the Appellate Division.

Per Curiam.

We agree with the conclusion reached by the Appellate Division minority that, while debts, funeral and administration expenses were to be paid out of the testator's gross estate before computing the widow's trust, the testator intended estate taxes to be paid out of the residuary estate. It is evident from reading the exoneration clause, comprising the eleventh article of the will, that the testator's main...

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