MATTER OF GORDON


134 Misc.2d 247 (1986)

In the Matter of The Estate of Dorothy Gordon, Deceased.

Surrogate's Court, New York County.

December 31, 1986


Attorney(s) appearing for the Case

Goldfarb & Fleece for Louis H. Kaufman, petitioner. Leon Madonick and Seth Rubenstein, P. C., for Rose Greenberg and another, respondents. Sidney Schultz for Albert Einstein College of Medicine, legatee.


RENEE R. ROTH, S.

In this construction proceeding, the court is requested to determine whether the estate of the income beneficiary of a QTIP trust may recover from the remaindermen of the trust the excess estate taxes attributable to the inclusion of the trust assets in the income beneficiary's estate.

This right of recovery is given to the beneficiary's estate by both Federal and State statutes, namely...

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