The sole question here, submitted on the basis of memoranda of law prepared by counsel for both sides, is whether a certain joint bank account passing to this decedent's father outside the will is exonerated from any statutory apportionment of estate taxes under EPTL 2-1.8 (subd. [c], par. [1]). The latter statute directs an apportionment "unless otherwise provided in the will or non-testamentary instrument."
The clause in...
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