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GESNER v. ROBERTS

91 N.J. Super. 255 (1966)

219 A.2d 885

JULE ROBERTS GESNER AND EDWARD ROBERTS, JR., EXECUTORS UNDER THE WILL OF EDWARD ROBERTS, DECEASED, AND INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. MARIE B. ROBERTS, EXECUTOR UNDER THE WILL OF EDWARD ROBERTS, DECEASED, AND INDIVIDUALLY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 1966.

Attorney(s) appearing for the Case

Mr. Warren Dixon, Jr. argued the cause for appellants.

Mr. Daniel M. Dwyer argued the cause for respondent (Messrs. Dwyer, Dwyer & Dwyer, attorneys).

Before Judges CONFORD, KILKENNY and LEONARD.

The opinion of the court was delivered by CONFORD, S.J.A.D.

This case involves a controversy between a testator's widow and his children by a prior marriage as to whether she should share the burden of federal estate taxes with the children, all three being equal beneficiaries of the residuary estate left under the will. The trial court held in favor of the widow, relying principally upon the marital deduction provisions of the federal tax code. On the particular...

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