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MATTER OF LIEBOVITZ

197 Misc. 123 (1949)

In the Matter of the Accounting of Abraham L. Liebovitz et al., as Executors and Trustees under The Will of Fanny Liebovitz, Deceased.

Surrogate's Court, New York County.

October 28, 1949.

Attorney(s) appearing for the Case

Joseph A. Ruskay for executors and trustees, petitioners.

Nathaniel L. Goldstein, Attorney-General (Louis E. Cooper of counsel), for Superintendent of Rockland State Hospital, respondent.

Henry H. Sternberg, special guardian for Ruth Liebowitz, an incompetent, and others, respondents.

Louis Karasik, special guardian for Jonathan Liebovitz, an infant, respondent.

COLLINS, S.

The special guardian representing infant remaindermen of testamentary trusts has interposed an objection to the account of the executors upon the ground that a portion of the estate taxes should be allocated against an inter vivos trust which was required to be included in the gross estate for the purpose of computing such taxes. The provisions of section 124 of the Decedent Estate Law, with respect to apportionment of the tax burden...

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