In re the Estate of Smith

Thck, S.

This is a proceeding to assess a tax under the Estate Tax Law (Tax Law, art. 10 et seq., as amd.), so called, upon the estate passing under the will of Roland W. Smith who died a resident of Saratoga county, N. Y., January 8, 1931, and whose last will and testament was duly admitted to probate by the Surrogate’s Court of Saratoga county.

The deceased gave his entire residuary estate unto his trustees *607in trust for the benefit of his wife during her lifetime, and upon her death directed his trustees to divide the principal so held in trust into two equal parts and to continue the trust…