MATTER OF CASEY


53 Misc.2d 399 (1967)

In the Matter of The Estate of Horace B. Casey, Deceased.

Surrogate's Court, Albany County.

March 28, 1967


Attorney(s) appearing for the Case

Joseph P. Keenan for petitioners. Merle N. Fogg, Jr., for respondent.


JOHN J. McCALL, S.

The executor here, in his account, has prorated the burden of the State and Federal tax by the following formula. He has divided the total tax levied by the amount of the estate after exemptions, then applied that rate so obtained to the face value of the legacies received (omitting any amounts including in the exempted portions). Objection to this method was taken by one of the legatees and...

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