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MATTER OF WITZ

95 Misc.2d 36 (1978)

In the Matter of The Estate of Lawrence F. Witz, Deceased.

Surrogate's Court, Nassau County.

June 22, 1978

Attorney(s) appearing for the Case

Louis M. Winer for petitioner. John F. White for Catherine R. Friberg. Louis J. Lefkowitz, Attorney-General (Allan E. Kirstein of counsel), for ultimate charitable beneficiaries.

JOHN D. BENNETT, J.

This is an application by the executor-trustee to construe the will to enable the estate to claim a charitable deduction under the Tax Reform Act of 1969. Testator died on April 26, 1977 leaving a will dated March 12, 1977 which was admitted to probate on May 26, 1977. In paragraph "THIRD" he gave his residuary estate to his trustee to pay the income to his widow for life and in addition to...

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