MATTER OF MARTIN


146 Misc.2d 144 (1989)

In the Matter of The Estate of Henry B. Martin, Deceased.

Surrogate's Court, New York County.

December 20, 1989


Attorney(s) appearing for the Case

Dunnington, Bartholow & Miller for petitioners. Paul H. Asofsky, guardian ad litem, for infant remaindermen.


RENEE R. ROTH, S.

The issue before the court in this construction proceeding is whether testator Henry Bradley Martin authorized his executors under article TWENTY-FOURTH of his will to sell his extensive library collection at a price "less than full market value" thereby imperiling the marital deduction for the QTIP trust established for his wife.

The major asset of Mr. Martin's estate consists of...

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