In re the Estate of Tillinghast

Fowler, S.

—This is an appeal by the executors of decedent’s estate from the order entered upon the appraiser’s report. The 'decedent was given a power of appointment under the will of her husband. She exercised the power over property valued by the appraiser at the sum of $95,000. This sum was taxed in the proceeding brought to assess a tax upon the estate of the donor of the power - and the executors contend that it should not be taxed in the estate of the decedent herein.

Subdivision 6 of section 220 of the Tax Law provides that whenever a person shall exercise a power of appointment such…