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MATTER OF MYERS

21 A.D.2d 312 (1964)

In the Matter of Sarah H. Myers, Deceased. State Tax Commission, Appellant; Halsted H. Myers et al., as Executors, Respondents

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

June 2, 1964.

Attorney(s) appearing for the Case

Edward H. Best of counsel (Francis Kelliher and Vincent P. Molineaux with him on the brief), for appellant.

Earle J. Starkey of counsel (John F. Johnston 2nd with him on the brief; Debevoise, Plimpton, Lyons & Gates, attorneys), for respondents.

BREITEL, J. P., STEVENS, EAGER and STEUER, JJ., concur.

VALENTE, J.

This is an appeal from an order of the Surrogate's Court which upheld the right of beneficiaries of life estates — created by the exercise of a limited power of appointment — to elect to have the transfer taxed in the estate of the donor of the power, rather than in the estate of the donee exercising the power.

The decedent, Sarah Hawley Myers, exercised a limited power of appointment...

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