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MATTER OF JOBSON

267 A.D.2d 238 (1999)

699 N.Y.S.2d 460

In the Matter of the Estate of KATHERINE B. JOBSON, Deceased. WILBERT T. BUHL et al., Appellants; MORGAN GUARANTY TRUST COMPANY OF NEW YORK et al., Respondents.

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

Decided December 6, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs payable by the appellants personally.

The petitioners were bequeathed certain specific legacies that they concede are subject to the so-called Federal "generation-skipping transfer tax" (Internal Revenue Code [26 USC] § 2603 [b]) (hereinafter the GST tax). The issue on appeal is whether the GST tax is to be paid out of the residuary estate, as...

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