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IN RE PROCEEDING OF FEIL

307981

2009 NY Slip Op 29541

PROCEEDING OF CAROLE FEIL FOR A DECREE APPORTIONING ESTATE TAXES WITH RESPECT TO THE MARITAL TRUST CREATED UNDER ARTICLE FIFTH OF THE LAST WILL AND TESTAMENT OF LOUIS FEIL, DECEASED.

Surrogate's Court, Nassau County.

Decided December 23, 2009.

Attorney(s) appearing for the Case

Farrell, Fritz, P.C., Uniondale, NY, attorneys for Petitioner, Carole Feil.

Mahon Mahon Kerins & O'Brien LLC, Garden City South, NY, attorneys for beneficiaries/grandchildren.

McCoyd, Parkas & Ronan, LLP, Garden City, NY, attorneys for Respondent, Jeffrey Feil.

Andrew M. Cuomo, Attorney General of the State of New York, New York, NY, attorney for ultimate charitable beneficiaries.

Simpson Thacher & Bartlett LLP, New York, NY, attorneys for Respondent, Jeffrey Feil.

JOHN B. RIORDAN, J.

Submitted for decision is the issue of estate tax apportionment in the estate of Gertrude Feil but governed by the terms of the will of her pre-deceased husband, Louis Feil. The issue arises from the interaction of several factors: 1) an apportionment clause in Louis's will that varies EPTL 2-1.8 by requiring estate taxes be paid from the residuary estate; 2) intra-residuary bequests in Louis's will to both charitable and non-charitable beneficiaries...

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