Legal Opinion

Morris v. Commissioner

United States Board of Tax Appeals

Decided March 9, 1939No. Docket No. 90915Published

The decedent in her will exercised a power of appointment conferred upon her by the will of her deceased husband as to a portion of the property belonging to his residuary estate and subject to the power of appointment. The appointees, who were the children of the decedent and their issue, took no greater interests in the property by virtue of the appointments than they would have taken under the will of the decedent's husband.

Read the full summary

The decedent in her will exercised a power of appointment conferred upon her by the will of her deceased husband as to a portion of the property belonging to his residuary estate and subject to the power of appointment. The appointees, who were the children of the decedent and their issue, took no greater interests in the property by virtue of the appointments than they would have taken under the will of the decedent's husband. Held, that under the laws of the State of New York the property over which the decedent exercised the power of appointment passed to the appointees under the will of…

1Opinion of the Court

LEWIS SPENCER MORRIS AND UNITED STATES TRUST COMPANY OF NEW YORK, AS EXECUTORS OF THE LAST WILL AND TESTAMENT OF EMILY PELL COSTER, DECEASED, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Morris v. Commissioner

Docket No. 90915.

United States Board of Tax Appeals

39 B.T.A. 570; 1939 BTA LEXIS 1013;

March 9, 1939, Promulgated

The decedent in her will exercised a power of appointment conferred upon her by the will of her deceased husband as to a portion of the property belonging to his residuary estate and subject to the power of appointment. The appointees, who were the children of…

2Cases cited1 opinion

  1. Morris v. CommissionerUnited States Board of Tax Appeals · 1939

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API