MATTER OF FORNESS


4 A.D.2d 168 (1957)

In the Matter of The Estate of Andrew J. Forness, Deceased. State Tax Commission, Appellant; Grace S. Forness, as Executrix of Andrew J. Forness, Deceased, Respondent

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

June 19, 1957.


Attorney(s) appearing for the Case

Mortimer M. Kassell, Nicholas J. Rogers and Miriam Wernick for appellant.

Herman Lavery for respondent.

All concur. Present — McCURN, P. J., KIMBALL, WILLIAMS, BASTOW and GOLDMAN, JJ.


GOLDMAN, J.

Decedent died testate on June 17, 1955 and letters testamentary were issued to his widow. An estate tax return was filed, Schedule N of which claimed a deduction of $2,000 for property set off to the widow pursuant to section 200 of the Surrogate's Court Act. A pro forma order dated September 7, 1955 allowed the $2,000 deduction, as well as an exemption of $20,000 under section 249-q of the Tax Law for property transferred to the widow...

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