MATTER OF HARBORD


201 Misc. 358 (1951)

In the Matter of The Estate of James G. Harbord, Deceased.

Surrogate's Court, Westchester County.

April 30, 1951.


Attorney(s) appearing for the Case

Monroe Collenburg, John A. Gifford, Irving I. Goldsmith and Hugh L. Thomson for Bankers Trust Company and another, as executors of James G. Harbord, deceased, appellants.

Hamilton McInnes for State Tax Commission.


GRIFFITHS, S.

This is an appeal by the executors from a pro forma order fixing the estate tax on the report of the appraiser. The executors contend that the appraiser committed error by including in the decedent's gross taxable estate the assets of an inter vivos trust established by the decedent.

The facts are not in dispute. During his lifetime the decedent, as grantor, and Bankers Trust...

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