In re the Estate of Jones

Delehanty, S.

This is an appeal by the State Tax Commission from the amended order fixing tax entered herein on February 13, 1934, on the ground that said order exempts from taxation the undiminished remainder which is taxable. The testator died January 26, 1927, and by the terms of his will created a trust of his residuary estate for his wife during her fife and upon her death directed the purchase of various annuities for his four brothers and sisters' and a niece, with the remainder of the residuary outright to others. The will permitted the trustees to invade the principal of the trust if…