In re the Estate of Metcalfe

O’Brien, S.

Elizabeth T. Metcalfe, the widow of deceased, individually and as executrix, and the Bankers’ Trust Company as executor, have appealed from the order fixing tax.

The decedent died May 28, 1927. Under his will his residuary estate was bequeathed in trust for the benefit of his wife during her lifetime. The transfer tax appraiser fixed the net residue at *581$197,047.89. Of this amount the testator owned property of the value of $139,459.22. The remaining $57,588.67 consisted of the appraised value of certain shares of stock held in trust for Mary Mitchell during her life under the will…