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GESNER v. ROBERTS

48 N.J. Super. 379 (1967)

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

Supreme Court of New Jersey.

Decided January 23, 1967.

Attorney(s) appearing for the Case

Mr. Daniel M. Dwyer argued the cause for appellant (Messrs. Dwyer, Dwyer and Dwyer, attorneys).

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

The opinion of the court was delivered PER CURIAM.

This case involves the allocation of the burden of the federal estate tax. After specific devises and bequests to his widow and his two children by a former marriage, the testator directed that the three shall share the residue equally. Those dispositions to the widow qualified for the marital deduction authorized by 26 U.S.C.A. § 2056. The question is whether her share of the residue should be calculated...

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