In re the Estate of Rade

Foley, S.

The appeal from the order fixing the transfer tax taken by John Bade, the husband of the decedent, will be disposed of as follows: (1) The first ground of appeal will be sustained in *257part. The decedent — the wife — died on December 29, 1927. Under the terms of the trust deed the husband, as survivor, became entitled upon the death of the decedent to the additional one-half of the income of the trust for his life. The appraiser’s supplemental report correctly fixed the taxable value of this secondary life estate, which became a taxable transfer under section 220 of the Tax Law, as…