Petitioner seeks a construction of article ‘ ‘ seventh ’ ’ of the will to determine whether estate taxes are to be apportioned among the residuary legatees named in article “sixth” of the will, one of whom is a religious corporation. By the terms of the latter article, after a bequest of $5,000 is made to a named cousin, one third is bequeathed to petitioner for its use in the manner therein indicated, and the remaining two thirds to two named issue of a cousin. Article “ seventh ” provided that all gifts made are to be “ paid and delivered to * * * the donees and the trustee free from any and all estate * * * taxes * * * and that such taxes shall be * * * paid by the Executor as an expense of administration out of the remaining one-half of my residuary estate as described in Paragraph sixth * * * so that no part of said tax shall be paid out of the portion of my residuary estate representing the trust for my * * * wife set forth in Paragraph fifth herein.”
The court holds that the residuary gift provided under article ‘ ‘ sixth ’ ’ of the will is to be computed after the discharge as an administration expense of estate taxes. Settle decree on notice.
