In re the Estate of Kiernan

O’Brien, S.

This is an appeal by Katherine B. Smith, individually, from the report of the transfer tax appraiser and the order entered thereon upon the ground that the tax was assessed on the transfer of five savings bank accounts as property passing to Rose Kenney instead of property passing to Katherine B. Smith and that the tax so assessed is illegal.

The decedent died on September 23, 1927. Prior to his death he had opened two savings bank accounts in the name of “ Charles F. Kiernan in trust for Katherine B. Smith.” These accounts were in the Manhattan Savings Institution and the…