113 N.Y.S. 1114 | N.Y. Sur. Ct. | 1908
Application to remit the. report of the appraiser to him for further consideration and report. An order was duly made designating an appraiser to fix the fair market value of the property of Gertrude L. Lowndes, deceased, which is subject to the payment of a transfer tax. The appraiser reported that the property sought to be appraised passed by virtue of a power of appointment in the will of Gertrude L. Lowndes,, deceased; that the proceeding to fix the tax should be brought in the name of the estate of the donee of the power; and that the surrogate of this county has no jurisdiction in the matter. Gertrude L. Lowndes by her will provides that her estate should vest in executors and trustees, and that the income should be paid to her children during life, “ and upon the death of either of them to convey, transfer, set over and assign such
Decreed accordingly.