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MATTER OF JANES

90 N.Y.2d 41 (1997)

681 N.E.2d 332

659 N.Y.S.2d 165

In the Matter of The Estate of Rodney B. Janes, Deceased. Lincoln First Bank, N. A. (Successor by Consolidation to Lincoln First Bank of Rochester), as Coexecutor of Rodney B. Janes, Deceased, Appellant-Respondent; Howard Ullman, as Personal Representative of The Estate of Cynthia W. Janes, Deceased, et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided May 1, 1997.

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle, L. L. P., Rochester (William S. Brandt and Maxine Yi Hwa Lee of counsel), for appellant-respondent.

Dennis C. Vacco, Attorney-General, Albany (Troy J. Oechsner, Barbara G. Billet and Peter H. Schiff of counsel), for State of New York, respondent-appellant.

Williams & Williams, Rochester (Mitchell T. Williams and Kenneth Joyce of counsel), for Howard Ullman, respondent-appellant.

Sullivan & Cromwell, New York City (H. Rodgin Cohen, Philip L. Graham, Jr., Basil P. Zirinis, III, Penny Shane and Holly H. Weiss of counsel), for The New York Clearing House Association and another, amici curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, CIPARICK and WESLEY concur.

LEVINE, J.

Former State Senator and businessman Rodney B. Janes (testator) died on May 26, 1973, survived solely by his wife, Cynthia W. Janes, who was then 72 years of age. Testator's $3,500,000 estate consisted of a $2,500,000 stock portfolio, approximately 71% of which consisted of 13,232 shares of common stock of the Eastman Kodak Company. The Kodak stock had a date-of-death value of $1,786,733, or approximately...

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