189 Misc. 350 | N.Y. Sur. Ct. | 1947
The problem presented on this motion, is the applicability of the provisions of section 249-q of the Tax Law which provide for exemptions in favor of the widow and sons of this decedent.
This decedent died September 21, 1946, which was after the effective date of the amendment. He left a gross estate of $18,172.02, and a net estate of $14,698.75. His testamentary scheme was clear and simple. After providing for certain specific legacies of jewelry to his two sons and certain gifts for charitable and religious purposes, he gave one-half of the residue of his estate to his widow and the use of the principal and the income of the other half during her life, as she may desire. Upon her death, he left the remainder as undisposed of by her in equal shares to two sons,. The State Tax Commission urges that since the widow had the power of invasion, the legacies to the sons were not indefeasibly vested, and, therefore, that the estate is not entitled to the exemption of $5,000 for each of them.
While it might not be necessary in the determination of this motion to decide that these remainder gifts were indefeasibly vested in the sons, the fact is that they were absolutely vested in them as of the date of the decedent’s death and could not be defeated in any manner whatsoever although subject to the right of invasion.
It is the opinion of the court that the Legislature, when in 1946 it added the words “ and indefensibly vested in ”, intended to reach that class of cases or situations where the exemption' would, by reason of contingencies provided for in the will, inure to the benefit of persons not entitled "to an exemption or increase the benefits accruing to individuals entitled to an exemption tó an amount in excess of .the exemption. No such situation exists here and it is in keeping with the spirit as well as the letter of the law that this court believes that the motion should be granted. Motion to exempt the estate from the estate tax is therefore granted.
Submit order, on notice, accordingly.