Cranston v. Gould

An inheritance tax appraiser filed his report asserting that eight persons had remainder interests in the estate of Aimee J. Gould, deceased, after a life estate therein of decedent’s husband, John C. Gould. The report recited that $14,617.22 was dne from decedent’s estate as inheritance tax on such remainder interests.

John C. Gould, the executor of the will of said decedent, filed objections to the report and asserted therein that there was no life estate and that no tax was payable.

The court sustained the objections and made an order that no tax was due or payable.

The State Controller appeals from the order, and contends that the order was based upon an erroneous construction of the will.

On June 8, 1945, John C. Gould and Aimee J. Gould, husband and wife, executed a will entitled, “Joint and Mutual Will of John C. Gould and Aimee J. Gould.”

The will provided, in part: 1 ‘ That we, John C. Gould and Aimee J. Gould ... do hereby make, publish and declare this instrument to be, jointly as well as severally, our last Will and Testament. . . .

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“Second: We declare that all property in which we now have any interest or which is owned by us, or either of us, or which is…