In re the Estate of Roosevelt — 59 N.Y. St. Rep. 100

Majority

p. 100

In the Matter of the Estate of Cornelius V. S. Roosevelt, Deceased.

(Supreme Court, General Term, First Department,

Filed February 16, 1894)

Headnote

Taxes—Collateral inheritance.

A remainder, whose value cannot be ascertained during the life estate, iu not taxable until the death of the life tenant.

Appeal from an order confirming the amended report of the appraiser, assessing the cash value of the property of the testator,

George H. Yeaman, for app’lts; Ediuard Massed, for resp’t.

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 ; 56 St. Rep, 113 .

The order should be reversed, with costs and disbursements.