In re the Estate of Schneider

Henderson, S.

The executrix moves for permission to file, nunc pro tunc, her notice of appeal to the surrogate from the pro forma order assessing the estate tax herein, and for other relief. The State Tax Commission moves to dismiss the notice of appeal served upon its attorney. The motions were consolidated and heard together.

There is no dispute as to the facts. The pro forma order was made and entered herein on November 9, 1939. The executrix served a notice of appeal, in which the grounds thereof were stated, upon the attorney for the State Tax Commission on November 18, 1939, and at his…