In re the Estate of Auchincloss

Foley, S.

This is an appeal by the State Tax Commission from the order fixing the transfer tax on the ground that the tax on a remainder was not fixed at the highest possible rate.

The decedent died June 29, 1925, so that the method of taxation is governed by chapter 144 of the Laws of that year, in effect March 16, 1925, amending section 230 of the Tax Law.

*308The decedent gave a life estate in the residuary estate of $135,661.04 to her brother William Stuart Auchincloss. The principal of the fund, less trustees’ commissions, has been taxed against the executors for the benefit of a person of the…