MATTER OF MARON


49 A.D.2d 244 (1975)

In the Matter of The Estate of Samuel Maron, Deceased. Maurice Alderman, as Executor of Ida A. Maron, Deceased, Appellant; Florence Zierler, as Administratrix C. T. A. of The Estate of Samuel Maron, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 31, 1975


Attorney(s) appearing for the Case

Alderman, Alderman, Samuels & Schepp (Bernard Samuels of counsel), for appellant.

Melvin M. Slotnick for respondent.

MARSH, P. J., MOULE, CARDAMONE and DEL VECCHIO, JJ., concur.


WITMER, J.

This appeal presents the question whether real property specifically devised must bear a pro rata share of all of the administration and funeral expenses, debts and estate taxes. In reliance upon EPTL 13-1.3 (subd [b]) appellant contends that such realty is chargeable therewith. That subdivision provides that "In applying such property [i.e., estate assets] to the payment of any item specified in paragraph...

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