Legal Opinion
In re the Estate of Trumbull
New York Surrogate's Court
Decided November 15, 1921PublishedCited by 2 opinions
Appeal by executor from order of transfer tax appraiser.
1Opinion of the Court
Foley, S.
The executor appeals from the order fixing tax on two grounds: first, that the remainders are not taxable until the exercise of the power of appointment; second, that the order improperly provides that the remainder interest should be taxed against the five per cent class instead of the one per cent class.
On the first ground the contention of the executor must be overruled. The decedent died on the 12th day of July, 1920. By his last will he gave to his trustees certain funds with income for life to his son, Roscoe A.' Trumbull, with power of appointment by will to the latter over…
2Cases cited10 opinions
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of LansingNew York Court of Appeals · 1905
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Greene v. . GreeneNew York Court of Appeals · 1891
- In Re the Transfer Tax Upon the Estate of ZborowskiNew York Court of Appeals · 1914
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Appraisal of the Estate of ColeAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Estate of PalmerNew York Surrogate's Court · 1925