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MATTER OF BROWER

278 A.D. 851 (1951)

In the Matter of The Estate of Henry Brower, Deceased. State Tax Commission, Appellant; Thomas H. Brower et al., as Executors of Henry Brower, Deceased, Respondents

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

May 21, 1951.

Order reversed on the law, without costs, and the pro forma taxing order of March 21, 1950, reinstated, without costs.

Power granted to a life tenant to invade the corpus as necessary for her support does not enlarge her interest from that of a life estate to one in fee. (Matter of Stevens, 241 App. Div. 490; Matter of Ithaca Trust Co., 220 N.Y. 437; Matter of Sievert, 246 App. Div. 457; Hasbrouck v. Knoblauch, 130 App. Div. 378...

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