MATTER OF SCHROEDER


198 Misc. 611 (1950)

In the Matter of The Estate of Gustav W. Schroeder, Deceased.

Surrogate's Court, New York County.

July 19, 1950.


Attorney(s) appearing for the Case

Hamilton McInnes and Abraham D. Levy for State Tax Commission, appellant.

Francis A. Booth and Guy G. Rutherford for Guaranty Trust Company of New York and another, as executors of Gustav W. Schroeder, deceased, respondents.


COLLINS, S.

This is an appeal by the State Tax Commission from the order of October 31, 1949, entered upon the supplemental report of the appraiser, modifying the original pro forma order of September 8, 1947, by adding thereto a determination that "there is no additional tax due the State of New York under section 249-n of the Tax Law." The ground of appeal is that the court had no jurisdiction to embody the supplemental determination in a modifying...

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