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IN RE ESTATE OF HURLBUT

No. 101.

238 A.2d 68 (1967)

In re ESTATE of Daniel C. HURLBUT.

Supreme Court of Vermont.

Motion for Reargument Denied January 25, 1968.

Attorney(s) appearing for the Case

Ehrich & Mollica, Bennington, for Mrs. Daniel C. Hurlbut, widow appellant.

Eugene V. Clark, Bennington, for John N. Hurlbut and John N. Hurlbut as guardian for Suzanne and Daniel C. Hurlbut, II, appellants.

Ryan, Smith & Carbine, Rutland, for trustees under declaration of trust.

Williams & Witten, Bennington, for executors and trustees u/w of Daniel C. Hurlbut.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.

BARNEY, Justice.

Two questions, raised in a declaratory judgment proceeding, have been certified here by the probate court:

(1) Is the federal estate tax an expense of administration which must be deducted before computing the amount to which (the widow) is entitled? (2) Does the amount to which she is entitled include a pro rata portion of net probate income?

Both were answered in the affirmative below.

They arise in the context...

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