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Matter of Brower

Appellate Division of the Supreme Court of New York, Second Department
May 21, 1951
278 App. Div. 851 (N.Y. App. Div. 1951)

Opinion

May 21, 1951.

Appeal from Surrogate's Court of the County of Nassau.


Power granted to a life tenant to invade the corpus as necessary for her support does not enlarge her interest from that of a life estate to one in fee. ( Matter of Stevens, 241 App. Div. 490; Matter of Ithaca Trust Co., 220 N.Y. 437; Matter of Sievert, 246 App. Div. 457; Hasbrouck v. Knoblauch, 130 App. Div. 378. ) Section 153 Real Prop. of the Real Property Law does not have that effect. ( Hasbrouck v. Knoblauch, supra.) Accordingly, the interest of the testator's widow, as such life tenant, in the corpus was not "indefeasibly vested" within the meaning of subdivision a of section 249-q Tax of the Tax Law, and the exemption afforded by that statute is not applicable. (See Matter of Benson, 275 App. Div. 226; cf. Matter of Walsh, 277 App. Div. 113 3.) Nolan, P.J., Johnston, Adel, Sneed and Wenzel, JJ., concur. [ 197 Misc. 726.]


Summaries of

Matter of Brower

Appellate Division of the Supreme Court of New York, Second Department
May 21, 1951
278 App. Div. 851 (N.Y. App. Div. 1951)
Case details for

Matter of Brower

Case Details

Full title:In the Matter of the Estate of HENRY BROWER, Deceased. STATE TAX…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 21, 1951

Citations

278 App. Div. 851 (N.Y. App. Div. 1951)

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