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MATTER OF ENDEMANN

307 N.Y. 100 (1954)

In the Matter of The Estate of Herman K. Endemann, Deceased. State Tax Commission, Appellant and Respondent; Sarah H. Endemann, as Executrix of Herman K. Endemann, Deceased, Respondent and Appellant.

Court of Appeals of the State of New York.

Decided May 27, 1954

Attorney(s) appearing for the Case

Mortimer M. Kassell and Miriam Wernick for appellant-respondent.

Carleton H. Endemann for respondent-appellant.

LEWIS, Ch. J., CONWAY, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur.

DESMOND, J.

In this appraisal proceeding under the New York estate tax law, both the executrix and the State Tax Commission appeal here from a nonunanimous modification, by the Appellate Division, of the Surrogate's taxing order. The deceased, Herman K. Endemann, who died on November 4, 1947, had been, until his retirement on October 1, 1936, in the employ of New York City and a member of the city's employees' retirement system...

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