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MATTER OF McKINNEY

101 A.D.2d 477 (1984)

In the Matter of Jane E. C. McKinney, Deceased. Bank of New York et al., Appellants; St. Agnes Hospital et al., Respondents

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

May 21, 1984

Attorney(s) appearing for the Case

Bleakley Schmidt, P. C. (William F. Harrington and Raymond M. Planell of counsel), for appellants.

McCarthy, Fingar, Donovan, Drazen & Smith (John G. McQuaid and Frank Streng of counsel), for St. Agnes Hospital, respondent.

Robert Abrams, Attorney-General (Allan E. Kirstein and Jonathan J. Silbermann of counsel), respondent pro se.

THOMPSON, J. P., RUBIN and BOYERS, JJ., concur.

BROWN, J.

The issue for our determination on this appeal is whether the tax exoneration clause contained in the will of Jane Eloise Cecilia McKinney exonerates the property passing out of the residuary estate from the tax apportionment scheme of EPTL 2-1.8 (subds [a], [c]) thereby permitting all of the estate tax, including the tax imposed on the residuary, to be paid out of the residuary. We conclude that,...

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