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MATTER OF APPLEBY v. BATES

278 A.D. 12 (1951)

In the Matter of Edgar T. Appleby, as Executor of Edgar S. Appleby, Deceased, Petitioner, v. Spencer E. Bates et al., Constituting The Tax Commission of the State of New York, Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 7, 1951.

Attorney(s) appearing for the Case

Morton C. Fitch, Lawrence R. Condon and John B. Coman for petitioner.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and John C. Crary, Jr., of counsel), for respondents.

FOSTER, P. J., HEFFERNAN, BREWSTER and COON, JJ., concur.

BERGAN, J.

In 1943, the estate of Edgar S. Appleby owned a one-half interest in a mortgage of $283,333 on the Jolson Theatre at 7th Avenue and 59th Street, New York.

Mr. Appleby died in 1936. His family had acquired an interest in this property more than fifty years ago and had continued it either as mortgagees or owners of the title. Control of this and other real property interests of the deceased was...

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