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MATTER OF GLAUBER

196 Misc. 646 (1949)

In the Matter of the Accounting of Mollie Glauber et al., as Executors of Emanuel Glauber, Deceased.

Surrogate's Court, New York County.

August 22, 1949.

Attorney(s) appearing for the Case

Marks & Marks for executors, petitioners.

Schwartz & Frohlich for Martha S. Glauber as executor of Stanley E. Glauber, deceased, respondent.

Gabriel L. Kaplan, special guardian for William D. Glauber and others, infants, respondents.

FRANKENTHALER, S.

Two questions have been raised in this proceeding to settle executors' accounts, concerning the proper formula to be employed in the apportionment of estate taxes.

As to the first, the court holds that the rule of Matter of Tracy (179 N.Y. 501) is applicable to the fixed annual payments required by the express terms of testator's will to be made to LeRoy W. Glauber from the principal...

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