In re the Estate of Cooke

Foley, S.:

The question at issue involves the interpretation of section 221-c of the Tax Law, which was added by chapter 432 of the Laws of 1922, in effect April 1, 1922. The decedent was a non-resident and died on the 30th of August, 1922. The appraiser has reported that certain beneficiaries within the one per cent class are entitled to a deduction of twenty-seven per cent of the $5,000 exemption under section 221-a. This percentage is fixed under the provisions of section 221-c by computing the ratio between the net New York transfer and the net transfer of the assets of the estate wherever…