118 N.Y.S. 655 | N.Y. Sur. Ct. | 1909
Upon an appeal taken from the order fixing the transfer tax, the ground of appeal is that, in the adjustment of the tax, deduction was made of a single commission to executors instead of a commission to each of three executors.
The estate at the time of the death was of the value of $98,621.33, but when the executors received their letters it had been increased by the accrual of interest to more than $100',000.
Do doubt, for the purpose of the transfer tax, the estate must he valued as of the time of death; hut whether each executor shall receive a full commission is to he determined by the value of the estate which they shall have administered.
Under familiar methods of estimating deductions, it must he found that a triple commission is among the prospective expenses of this administration. The two additional commissions at the estimate made by the appraiser would he $2,299.52.
The order appealed from should he modified accordingly. Decree modified.