In re Roosevelt — 27 N.Y.S. 741

Majority

p. 741

In re ROOSEVELT.

(Supreme Court, General Term, First Department.

February 16, 1894.)

Headnote

Legacy Tax—Contingent Bequest.

Where the value of a remainder cannot be ascertained during the continuance of the life estate, it is not taxable until the death of the life tenant.

Appeal from surrogate court, Hew York county.

Proceeding to subject the estate of Cornelius V. S. Roosevelt, deceased, to the collateral inheritance tax. From an order confirming the amended report of the appraiser assessing the cash value of the property of testator at §305,453, the executors and the annuitants and the remainder-men under the will appeal. Reversed.

Argued before YAH BRUNT, P. J., and O’BRIEH and FOLLETT, JJ.

George H. . Yeaman, for appellants.

Edward Hassett, for respondent.

Ten nephews and nieces took vested remainders at the death of the testator, subject to the life estate of the widow and to the payment of certain annuities after her death. Until the widow dies, it cannot be ascertained how many persons will become entitled to annuities; nor until that time will the amount or the age of the annuities be known. Therefore there is no way in which the value of the remainder can be ascertained until after the death of the widow. In re Curtis, 73 Hun, 185 , 25 N. Y. Supp. 909 . The order should be reversed, with costs and disbursements.