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MATTER OF PATTERSON

196 Misc. 21 (1949)

In the Matter of the Construction of The Will of Joseph M. Patterson, Deceased.

Surrogate's Court, Westchester County.

July 6, 1949.

Attorney(s) appearing for the Case

Carl S. Forsythe and Edward M. Maher for George T. Townley and others, petitioners.

Chauncey B. Garver and Robert S. Coe for Mark K. Patterson and others, respondents.

Ralph E. Becker, special guardian for Adrianne Mark.

William C. Duell, special guardian for Adam Albright and another.

J. Harvey Turnure, special guardian for Joseph M. Patterson and another.

GRIFFITHS, S.

This independent proceeding for a construction presents primarily the question as to whether or not the will directs the source of payment of penalty interest on the Federal estate tax imposed herein. The will of testator, who died on May 26, 1946, is dated October 9, 1944. By article "First" of said will he provided as follows:

"First: I order and direct my Executors to pay all my just...

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