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IN RE PROBATE OF WILL OF LEE

910 A.2d 634 (2006)

389 N.J. Super. 22

In the Matter of The PROBATE OF the WILL OF Samuel LEE, deceased.

Superior Court of New Jersey, Appellate Division.

Decided November 30, 2006.

Attorney(s) appearing for the Case

Walter A. Saurack, New York, NY, argued the cause for appellant Trustees of Stevens Institute of Technology (Satterlee Stephens Burke & Burke, attorneys; Mr. Saurack, on the brief).

Peter R. Bray, Parsippany (Bray, Chicocca & Miller, attorneys) argued the cause for respondent Betty MacDonald, and Lorraine A. Abraham, Hackensack (Schiffman, Abraham, Kaufman & Ritter, attorneys) argued the cause for respondent Alan Merker (Richard I. Miller and Ms. Abraham, on the joint brief).

Before Judges STERN, A.A., RODRÍGUEZ and BAXTER.

The opinion of the court was delivered by

STERN, P.J.A.D.

The trustees of Stevens Institute of Technology, one of two charitable residuary legatees under the will of Minerva Lee, appeal from a judgment of August 26, 2005, which directed that taxes payable from the corpus of Qualified Terminable Interest Property (QTIP) trusts created under the will were to be paid before the distribution of the residuary estate, resulting in a reduced residuary estate for...

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