10 Mills Surr. 4 | N.Y. Sur. Ct. | 1912
The report of the appraiser was filed in the office of the surrogate on the 1st of June, 1912, and pro forma order confirming the same and fixing the transfer tax therein was entered June 4,1912. From that order an appeal has been
The deceased died on the 10th of August, 1911, a resident of the county of Westchester and state of New York, leaving a last will and testament which was duly proven and under which letters testamentary have been issued to the appellants, the executrices named therein and leaving him surviving his widow, Carrie D. Elting, and two daughters, Elizabeth F. L. Elting and Helen Stickney Elting.
By the briefs it appears that a policy for $3,000 issued by the Massachusetts Mutual Life Insurance Company upon the life of the deceased and payable to the executors, administrators or assigns, for the express benefit of his wife, Carrie D. Elting, and surviving children, the amount of which policy, together with certain dividends and accruments thereon at the time of the decedent’s death amounted to the sum of $3,899.81, has been collected by and paid to the executrices.
The law at the time of decedent’s death was to the effect that the proceeds of insurance policies upon a decedent’s life pay
As to the other question, I cannot agree with the appellants, because a careful reading of the will fails to convince me
“ To establish an equitable conversion of real estate into personalty by will, the will must direct the sale and the distribution of the proceeds as personal property absolutely for all purposes, irrespective of contingencies, and independently of any discretion as to whether there shall be a sale or not.” Trowbridge v. Metcalf, 5 App. Div. 318.
At the most, the power of the executrices in this case is discretionary and I do not think an equitable conversion has been made out. I, therefore, as to the second ground of appeal, affirm the decision of the appraiser in holding that $500 should not be deducted from the amount of the estate because of expenses which will be incurred in selling the same.
Order in accordance with the above memorandum will be "signed.
Decreed accordingly.