Sterling v. Commissioner
United States Board of Tax Appeals
The petitioner's father bequeathed certain real estate to trustees to pay portions of the income to two sisters for life and to pay the balance of the income to his son. On the death of the two sisters the son was to receive the remainder of the property in fee. The son predeceased one of his two aunts, leaving a will in which he bequeathed all of his property, except a specific bequest of money, to his widow.
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The petitioner's father bequeathed certain real estate to trustees to pay portions of the income to two sisters for life and to pay the balance of the income to his son. On the death of the two sisters the son was to receive the remainder of the property in fee. The son predeceased one of his two aunts, leaving a will in which he bequeathed all of his property, except a specific bequest of money, to his widow. On the undertaking of the widow to sell the real estate mentioned a question was raised by the title company as to its ownership, and thereafter a friendly agreement was entered into…
1Opinion of the Court
*1127OPINION.
Smith :
The petitioner now contends that she received the amount of $46,156.25 in settlement of her claim to ownership of the property in question as the proceeds of its sale, and that the entire amount represented an inheritance from her father’s estate under his will and is not taxable as income to her.
There can be no doubt, we think, that upon the death of Emile Heydenreich under his will the remainder interest in the property in question vested in Louis V. Heydenreich, subject only to the payment of portions of the income to his two aunts. See Harry C. Kayser, 27 B. T. A. 816, and…
2Cases cited6 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Connelly v. . O'BrienNew York Court of Appeals · 1901
- Ham v. . Van OrdenNew York Court of Appeals · 1881
- Van Axte v. . FisherNew York Court of Appeals · 1889
- In re the Estate of RohrNew York Surrogate's Court · 1932
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sterling v. CommissionerUnited States Board of Tax Appeals · 1936