TAXATION-FEDERAL ESTATE TAX-USE OF ACTUAL LIFE EXPECTANCY WITHOUT REFERENCE TO ACTUARIAL TABLES IN VALUING CHARITABLE REMAINDER

Decedent, Nicholas Murray Butler, died testate on December 7, 1947. He bequeathed property to trustees, directing that the income be paid to his wife, Kate, for life, and upon her death the trust to terminate and a stipulated portion of the corpus be paid to the trustees of Columbia University. Held, the facts in existence at the time of decedent\u27s death were such as to render it certain that Kate La Montagne Butler would not live more than one year after decedent\u27s death, hence it was proper to use that expectancy, without reference to actuarial tables, in valuing the charitable remainder for purposes of a section 812(d) deduction. Estate of Butler, 18 T.C. No. 117 (1952)