In re Ely's Estate

FOWLER, S.

This is an application by the state comptroller to designate an appraiser for the purpose of ascertaining the value of certain interests passing to legatees under the will of the decedent, the value of which was not ascertained or taxed in the original proceeding brought to assess a tax upon the estate of the decedent. Section 3 of chapter 399 of the Laws of 1892, which was the statute in force at the time of decedent’s death, provided that the transfer of these interests, the value of which was not ascertainable at the date of the appraisal, was not taxable until such interests…