Estate of Buckhantz

Appeal from an order granting the petition of a testamentary trustee to transfer funds from one trust to another.

Morris Buckhantz died testate on March 18, 1950. Appellant Frieda Davidson is his surviving sister. Appellants Leon and Louis Davidson are sons of Frieda Davidson. Respondent Jeannette Buckhantz is his surviving widow. Respondent bank was the executor of his will.

During administration of the estate the executor paid federal estate tax in the amount of $12,052.63 and inheritance taxes in the amount of $4,602.09.

On November 26, 1952, an order and decree was made in which the executor was ordered to exclude the community interest of the widow in the estate from its computation when prorating the federal estate tax apportioned to each beneficiary, and decreed that described real and personal property of the estate and all other property except $11,414.19 "be and the same is hereby distributed to" respondent bank in trust. The decree provided: "The Trustee shall apportion the trust estate into three equal parts without being required to make physical segregation"; that the net income from two of the three parts be distributed to Jeannette Buckhantz, and…