In re the Estate of Bearman

John D. Bennett, S.

This is an appeal from the pro forma order fixing the New York estate tax in this estate.

The basis of the appeal is the executrix’ objection to the inclusion in the gross estate of the proceeds of three insurance policies totaling $55,834.75. The executrix, in the alternative, contends that if the proceeds are includible in the gross estate, they should qualify for the statutory exemption relating to insurance under section 249-q of the Tax Law.

The decedent was one of five members of a partnership engaged in the practice of public accounting. The partnership agreement of…