The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-01-15
We appraise the property, Therefore, at
9lOv,VVO
THE WHOLE ESTATE.

Sl0O,OOU,
THE WHOLE ESTATE.
IA. The aggregate value of the whole
estate for the purpose of the present
tax must be modified, not only by the
difference in values which we have
reached, but also by considerations
which the appraiser does not seem to
have observed. The total appraised
value of the estate gathered from the
foregoing is $1,013,6692l. From this.
however, must be deducted not only the
$51 800 mentioned by the appraiser-the
principal rdrt of which Is mortgage
of 100000 on the Wyoming House-but
also the expense of administration of
which no account has been taken
by him. These expenses we can
only approximate, and according to
the best estimate we can make
of them we allow, say, S7bOOO.
This makes the total deductions $126,S00,
leaving the clear value of the estate
subject to the tax to be $SS6, ,S69.21. The
tax upon this at five per cent. would
be $44,343.46. To this extent the four
teenth exception is sustained.
The opinion here goes into a discus
cussion of the appraisers individual
estimates, seven pages alone being
given to an elaboration of the finding
in the case of Miss Ann Hafey, the APP
praisers judgment being confirmed
in fixing the assessable valuation of
her annuity at $lS,79S.64, taking as a
basis, her life expectancy which Is
twenty-four years, and figuring that
the amount specified will yield $1,000 a
year and be wholly absolved in twenty
four years. According to Judge Arch
balds, figures the real estate legacy
of Miss Hafey has been appraised in
adequately and not excessively as the
appellants claim. There is no question
as to the liability to the tax of the Ii
brary bequest of $250O00 to the city of
Winchester, Judge Archibald holds The
residuary estate of 100000 or over is
to be appraised at it's present market
value. Six per cent. interest must be
added from the time the tax remains
unpaid.
Under other exceptions of the eXecu-
tor as well as the last general eXcep-
tion of the residuary legatee, the queS-
tion of the liability of the balance of
the estate may be considered, as well
as the parties who are to receive 1t ana
| the proper method of reaching cor
| rect appraisement of 1t.
SUBJECT TO A TAX.
AS we have already had occasion to
ject to the present tax. The lands In
| Virginia and West Virginia would be
| exempt because of being in another
state if it We're not FOR the fact that
| the will works a conversion of them
| into personality, which is to be brought
| into this court for distribution, and is
| thus an estate passing from the teSta-
tor to colaterals within the common
| wealth. Miller VS.. Commonwealth, III
! Pa. 321; WilliamsOn's estate, 1913 Pa
| sos; McHale's estate 161 Pa. 1Sl. That
| there is a conversion cannot well he
doubted. While as to a portion of his
real estate the executors are directed
to retain and rent it for period OF
twenty years, yet there is positive
direction to sell and convey it at the
end of this time and to pay over the
proceeds to the beneiiciaries named tC
| receive it. In no case is there a de-
wise of the lands themselves. AS tC
| the remainder of the real estate, the
coal and mineral land is to be put al
lease upon royalty and the timber and
bark on the timber land are to be sold
the profits derived. therefrom being alsC
| disposed of as personally. And that
there may be no question as to whcth-
er these coal and timber lands, anC
| not simply the returns from them, are
so treated we find in the 18th item eX-
press direction, after twenty years tC
sell such lands the same as in pre-
vious part of the will had been direct.
ed with regard to the improved rea
estate; and in the 18th item the
moneys arising from the sale Of land:
in Virginia. West Virginia, Pennsyl
| Vania and other states as we'll as from
the timber, bark and minerals Thereon
are to be paid over to certain dCSiG
mated beneficiaries. This is 50 "onciu
sive that We will not stop to further
discuss it.
THE WILL CONSIDERED.
Not only are questions of valuation
to be disposed CT by us upon this ap
peal but according to the terms of th'
statute we are to consider also thu
liability of the appraised estates fO
the tax. This calls upon us as we IN
derstand ii to dt termine the estates
which are carved out of his propert!
by the testator to fix their value b,
due appraisement, and then to pas
upon the responsibility of each of then
for the tax to be levied thereon. Prio
to the act of 1887 no question as to liza
bility was determined in these pro
ceedinss, Stenser VS.. Commonwealth
2G Pa. 42i but the law in this respec
is now changed, this provision having
been introduced into it by the las
general statute referred to.
This compels us to look into tn
VIII at thls point 10 see II lhere are an
othef pe9uests thah those thus ia
considered nelore we come TO the res
luuaiy cause. Nhile the matter ha
not 'eeh lelerred TO by counsel no
toucheu upon ny lne appraiser, w
ieel compelled 10 hold that IN that pol
tlon OF the VIII covered by the l4tf
iolh' lotn' lth ana lolh items specla
pequest Is intended TO be made OF tn
income ana proceeds derived from tn