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MATTER OF TOWNSEND

200 Misc. 740 (1951)

In the Matter of the Accounting of City Bank Farmers Trust Company et al., as Executors of Elinor S. Townsend, Deceased.

Surrogate's Court, New York County.

September 5, 1951.

Attorney(s) appearing for the Case

William L. Seibert for executors, petitioners.

Stewart & Shearer for Trustees of Princeton University, respondent.

Ferdinand Tannenbaum, special guardian for Danielle F. Mamboury, an infant, respondent.

Conrad Milliken for Patricia E. S. Mamboury, respondent.

Cadwalader, Wickersham & Taft for Bank for Savings in the City of New York, respondent.

Leo D. Fitzgerald for Equitable Life Assurance Society of the United States, respondent.

Mitchell, Capron, Marsh, Angulo & Cooney for Mary A. Townsend and others, executors of S. De Lancey Townsend, deceased, respondent.

FRANKENTHALER, S.

The issues raised by the objections to the account relate primarily to the problem of allocating estate taxes.

The special guardian has argued that his ward, the beneficiary of a Totten trust, is under no obligation to contribute to the payment of the taxes on the ground that the bank account was improperly included in the taxable estate. This objection is overruled as "The court is...

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