MATTER OF DENNIS


281 A.D. 701 (1952)

In the Matter of the Accounting of Lola A. Dennis et al., as Executors of John B. Dennis, Deceased, Respondents. Lilla A. Dennis et al., Infants, by Leonard W. Hall, Their Special Guardian, Appellants-Respondents; Lola A. Dennis, Individually, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 22, 1952.


As thus modified the decree, insofar as appeal is taken, is unanimously affirmed, with costs to all parties filing briefs, payable out of the estate, and the matter is remitted to the Surrogate's Court to enter a decree not inconsistent herewith.

Paragraph "Fifth" of the will directs payment out of the residuary estate of taxes on nontestamentary benefits; and the interest on the Federal deficiency tax payment should be treated similarly. Paragraph "Fifth" of the...

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