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MATTER OF VOLCKENING

70 Misc.2d 129 (1972)

In the Matter of The Estate of Lucille V. Volckening, Deceased.

Surrogate's Court, Kings County.

March 21, 1972

Attorney(s) appearing for the Case

Mumma, Crane & Costabell for Lucille V. Schneider and others, petitioners. Carter, Ledyard & Milburn for Dolores K. Wolfer, respondent. George Dines, guardian ad litem for grandchildren of testatrix. Abraham Males, guardian ad litem for infant legatees. Louis J. Lefkowitz, Attorney-General (Gustave I. Sodenberg of counsel), for ultimate charitable beneficiaries.

NATHAN R. SOBEL, S.

The executors have requested construction of several provisions of Mrs. Volckening's will admitted to probate in 1969.

I

The principal problem concerns the meaning of the tax clause. Since the bulk of the estate consists of stock in a family corporation, construction of the tax clause in turn may require a section 303 Internal Revenue Code stock redemption to meet...

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