Muenter

A rehearing was ordered in this case upon the question whether the income payable to Harriet L. Hermann under a bequest of $14,872.26 in trust for her benefit was of such value as to be taxable under the provisions of the Act of Congress of June 13, 1898,.c. 448, § 29, 30 Stat. 464 , as amended by Act March 2, 1901, c. 806, § 10, 31 Stat. 946 (U. S. Comp. St. 1901, p. 2307), and supplemented by Act June 27, 1902, c. 1160, § 3, 32 Stat. .406 (U. S. Comp. St. Supp. 1911, p. 983). The value of the legacy thus left in trust, the income whereof was payable to Mrs. Plermann, was assessed by the Collector of Internal Revenue at its face value, and a legacy tax of $111.54 was imposed thereupon and collected. The court below *141 entered a judgment in favor of the executor for the repayment of that sum. The provisions of the will by which the bequest was made are as follows:

The corpus of the legacy had not vested prior to July 1, 1902, the date of the repeal of the War Revenue Act, and so far as the record shows it has not yet vested, and Harriet U. Hermann is still the wife of George Hermann. It was the finding of the court below that the income of the bequest had not amounted to the…