https://www.taxtmi.com/caselaws?id=168620 Executors remain assessable as executors while the estate is still under uncompleted administration and the residuary estate has not been ascertained; incomplete accounts, unprovided pecuniary legacies, and partial payments do not make them trustees, so Section 41 of the Income-tax Act does not apply. Maintenance payments to the widow and mother under the will were not diverted by any overriding title or operative trust fund, but were application of estate income in administration; they were therefore not deductible from taxable estate income. The estate income was assessable in the hands of the executors, and the maintenance payments could not be deducted. en-us Thu, 02 Feb 1950 00:00:00 +0530 Wed, 18 Mar 2015 11:00:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=168620 Executors remain assessable as executors while the estate is still under uncompleted administration and the residuary estate has not been ascertained; incomplete accounts, unprovided pecuniary legacies, and partial payments do not make them trustees, so Section 41 of the Income-tax Act does not apply. Maintenance payments to the widow and mother under the will were not diverted by any overriding title or operative trust fund, but were application of estate income in administration; they were therefore not deductible from taxable estate income. The estate income was assessable in the hands of the executors, and the maintenance payments could not be deducted. Case-Laws Income Tax Thu, 02 Feb 1950 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=168620