In re Van Pelt's Estate — 118 N.Y.S. 655

Majority

p. 655

(63 Misc. Rep. 616.)

In re VAN PELT’S ESTATE.

(Surrogate’s Court, Kings County.

June, 1909.)

Headnote

Taxation (§ 895^[1] )—Inheritance Taxes—Assessment.

Where an estate amounts to less than $100,000 at testator’s death, but more than that amount comes to the hands of the executors by accrual of interest, each executor is entitled to full commissions, and separate commissions should be deducted in appraising the estate for the transfer tax.

[Ed. Note.—For other cases, see Taxation, Cent. Dig. § 1719; Dec. Dig. § 895.^[1] ]

Application for appraisal of transfer tax on the estate of Jacob L. Van Pelt. From an order fixing the transfer tax, the executors appeal.

Modified.

Furst & Furst (Arnold S. Furst, of counsel), for executors.

William W. Wingate, for State Comptroller.

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 $98,631.33, but, when the executors received their letters, it had been increased by the accrual of interest to more than $100,000. No doubt, for the purpose of the transfer tax, the estate must be valued as of the time of death; but whether each executor shall receive a full commission is to be determined by the value of the estate which they shall have ■ administered. Under familiar methods of estimating deductions, it must be 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 be $3,399.53. The present order would make the legatees pay a tax upon this sum as an amount

p. 656

which passes to them under the decedent’s will, when, as must be seen, it will never reach them.

The order appealed from should be modified accordingly.

Decree modified.