The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-01-15

queathed to these three legatees, who
thereby become vested with an estate
in them which is subject to the collat-
eral Inheritance tax.
PROVISIONS ARE DISTINCT.
We are not unaware in reaching this
conclusion of the twenty-tifth item,
which apparently directs the total in
come from all sources to be accumu-
lated for the period of two years and
the net amount thereof after deduction
for sundry expenses and charges to be
applied pro rata to the several money
bequests in the will But we regard
the two provisions as distinct and not
Intentionally conflicting, and that each
is to be preserved and given its proper
effect if possible. AS tending to this
end we have in this item itself the
saving clause, II hereby order and di-
rect my executors, unless where other
wise specially ordered, to pay, ETC.
which would of itself suggest the in
tended preservation of the earlier pro-
visions of the will. The two can be
made to harmonize by holding the one
to be a disposition of the proceeds
income and ncipal-derived from the
special source of the testator's coal,
mineral and timber lands, and the other
of the incOme-only-from all other
sources. And it is to be noted as sus-
tanning this contention that the last is
limited to an application pro rata, of
the fund dealt with, to all the money
bequests in the will, until paid, pre-
serving the relative amount of each;
while the other places the three bene
ficiareS mentioned upon Il special and
equal footing as to the property men
toned, giving one-third of the pro-
ceeds, income and principal, to each.
There are also distinct and different pc
riods of distribution in each case, one
al g a 1l a nf he
yearly With the ability to distinguish
in this way between these several pro-
visions of the will, we cannot regard the
one as supersedng the other. but that
both can without serious difficulty be
sustained. We, Therefore, hold that the
| city Of Winchester the st. PatriCk's
| Orphan asylum of Scranton, and the
House of the Good Shepherd, Scranton,
are each entitled to onethird, first
| of the income and then of the proceeds
| of sale of the decedent's coal, mineral
| and timber lands in Pennsylvania,
Virginia and West Virginia. and that
| these interests, estates or bequests are
| liable to be now severally appraised
| and taxed.
REPORT OF APPRAISER.
Turning to the report of the appraiser
| as we'll as our own findings with re-
gard to these lands we find their proper
| appraised Ndlue TO De as lOllONS. i mere
are no coal or mineral lands in this
! state in which the testator was inter-
ested except it be those said to be held
! by the Equity improvement company
| of Scranton, in which the testator was
merely stockholder. This leaves as the
only property falling under this be-
quest, the timber land in Frederick
| county, Va and the coal and timber
| lands in Mcdowell county, w. Va. The
| al1lp of these iS a follows.
1,200 acres of timber land in
Frederick county, Va ......... 1,20O
$1,000 acres of coal, mineral and
timber land in Mcdowell coun-
ty, w. Va. Observation-Disclosures. 100000
$151 200
AS the present beneficiares are to
come into the immediate receipt of the
| income and profits to be derived from
these lands, without any intermediate
| term except so far as the management
of the executors can be considered in
that light, and the payment of the pro-
| ceeds from the sale of them alone is
deferred, we regard these lands as APP
praisable at his time at their present
market value according to the amounts
| already fixed upon them. The only al
| tentative to this course would be to
| hold that in view of existing conditions
| the value was not now aSCertainable
but must await the final outcome of the
leasing and sale of the property, the
latter not occurring until some twenty
years hence. Unless forced to this view
we ought not to adopt it, and as we con-
slider that the property covered by this
beQueSt is to be regarded as in effect
already converted and the parties tC
whom it is given as practically com
ing at once into the beneficial owner
ship of it. we think it can be now
tnat hn ~,
praisement does not need to be de-
ferred. We, Therefore, hold that the
three beneficiaries named have an es-
tate in the rents, royalties, income, prof
it's and proceeds of the testator's coal
mineral and timber lands above named
to each an undivided one-third, anC
we value the same for the purposes
of the present aDpraisement at $50, ,4OC
each.
DECREE OF THE COURT.
In pursuance of these conclusions we
make the following decree: And, now
to wit, January, A. 1897, this case came
on to be heard on appeal from the re-
port of the appraiser, and after dut
consideration of the said report, the eX
ceptiOns to the same, the testimony
taken, and the argument of counsel
it is hereby ordered, adjudged and de
| creed:
|. That the clear aggregate value q
the estate of the decedent at the tim'
of his death was $3.50, ,S69,2l.
, 3 That all of the said estate passes
to collateral parties and is all liabl
for the payment of collateral inherit
ance tax, and that the said tax is nov
due and payable thereon.
g. That the aggregate tax at five pc
, cent. from the several bequests, an
, nuities and estates passing to collat
erals by the will of the testator takel
collectively amounts to the sum o
! $44 ,343.46.
! A. The said several bequests, annuit
, les and estates are hereby valued an
appraised and tax thereon is fixed a
follows:
: 60 The annuity of
7 5000 per year is be-
I | queathed to Anna Hafey
r for life Is appraised at. 1878 6i
F And the tax thereon is ,,o
5 "IiS d5j T The use use Of the
l premises occupied by the
r decedent at No 42O LaCka-
: wanna avenue, Scranton,
/ Pa in his lifetime to-
gether with the furniture,
| fixtures and personal pro-
! perty therein, bequeathed
{ to Anna Hafey for life, Is
i l. appraised at........,...... 5,IuO 90
x And the tex thereon is
| llNtu al '.''''''', ','''''''''', 90
p (C) The cash legacy of
n 50, 600 bequeathed to Anna
" Hafey is appraised at,.,. 3,225 50
y And the tax thereon is
" fixed at ............,........ lGl
% QD) The cash legacy of
t $3.50 600 to the City of Win
- chester, Va, is appraised
+ at .....................,... lGl, ,49O 90
: And the tax thereon is
> fixed at ..................... SO74
: CE) The cash legacy of
u $50 600 to the St. PatriCks
"a AgNr Of