Order unanimously affirmed without costs.
Memorandum:
In light of the numerous issues of fact, Surrogate's Court properly denied the motion of objectants for partial summary judgment and ordered a hearing on the objections.
The court erred, however, in denying objectants' motion to dismiss the amended petition for tax apportionment. On January 3, 1983, the executors paid from the estate the Federal and State taxes of $911,790.65. Petitioners, by their...
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