In re the Estate of Judge

A. Franklin Mahoney, S.

This is an appeal by the executor from the pro forma order made by this court on September 22, 1966, fixing the estate tax in the amount of $3,239.61. The executor attacks that part of the order which fixes as an asset in this estate a 5/7 interest in the corpus of a trust created by another.

Thomas Judge died testate on January 7, 1922. By will, dated October 3, 1910, he devised and bequeathed his property to his executor in trust for and during the lives of Teresa and Anna Judge, the decedent herein. The income was to be paid to Thomas Judge’s mother and his brothers…