Majority
p. 257In the Matter of the Estate of Cornelius V. S. Roosevelt, Deceased.
Headnote
Inheritance tax — when the assessment should he postponed.■When tlie value of tlie remainder and tlie number of the remaindermen cannot be ascertained until after tlie death of a life tenant, it is error to assess a collateral inheritance tax upon such remainder before that time.
Appeal by tlie executors of tlie will of Cornelius Y. S. Roosevelt from an order of the New York County Surrogate’s Court, made on tlie 25th day of July, 1893, and entered in the office of the clerk of the New York County Surrogate’s Court, affirming the order of said court, made on the 26th day of July, 1893, confirming the amended report of appraisers and assessing a collateral inheritance tax, with notice of an intention to bring up for review upon such appeal an order of said Surrogate’s Court, made on the 10th day of June, 1892, denying the motion of the executors and of the legatees and devisees to confirm the report of an appraiser filed in said clerk’s office on the 5th day of April, 1892.
Oeo7'<j6 II. Yeoman, for the executors, appellants.
Edward llassett, for the comptroller of the city of New York, 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. (Matter of Curtis, 73 Hun, 185 .)
The order should be reversed, with costs and disbursements.
Present — VaN BruNt, P. J., O’BrieN and Eollett, JJ.
Order reversed, with costs and disbursements.