MATTER OF MANASEN


247 A.D.2d 908 (1998)

668 N.Y.S.2d 530

In the Matter of Sheridan B. Manasen et al., as Executors of Sarah I. Manasen, Deceased, Respondents. Carla D. Primeau et al., Appellants. (Appeal No. 1.)

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

February 4, 1998


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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