Montedonico v. Commissioner
United States Board of Tax Appeals
A will covering certain real property located in Tennessee provided: "All my other property, real, personal, or mixed, I give, bequeath and devise unto my said wife, * * *. In case my wife should sell any of my real estate, I direct that she divide the proceeds of such sale equally between herself and all of my said children."
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A will covering certain real property located in Tennessee provided: "All my other property, real, personal, or mixed, I give, bequeath and devise unto my said wife, * * *. In case my wife should sell any of my real estate, I direct that she divide the proceeds of such sale equally between herself and all of my said children." Held, that the wife, under the will, gained an absolute estate subject to be defeated only by her selling the property, and since she did not sell it, at her death she owned the property in fee simple and the same should be included in her gross estate for purposes of…
1Opinion of the Court
*574opinion.
Siefkin:
The executors of the estate of Annie Montedonico, in making the estate tax return, included an account of realty which Annie Montedonico had acquired under the will of her husband, J. D. Montedonico, a one-twelfth interest in certain real property located in Memphis, Tenn.
The will of her husband read in part as follows:
I direct that the life insurance which I carry in the Mutual Life Insurance Company and in the Manhattan life Insurance Company, both of New York, shall be divided equally between my wife, Annie Montedonico, and my five *575children. All of my other property, real,…
2Cases cited7 opinions
- Barber v. Pittsburgh, Fort Wayne & Chicago Railway Co.Supreme Court of the United States · 1897
- Bradley v. CarnesTennessee Supreme Court · 1894
- Joseph Wilkins v. David AllenSupreme Court of the United States · 1856
- King v. AckermanSupreme Court of the United States · 1863
- Nott v. FitzgibbonTennessee Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Montedonico v. CommissionerUnited States Board of Tax Appeals · 1928