In re the Transfer Tax upon the Estate of Phelps
Appellate Division of the Supreme Court of the State of New York
Appeal by the Comptroller of the State of New York from an order of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 23d day of May, 1917, declaring the interest of Sheffield Phelps in certain shares of the stock of a national bank to be exempt from taxation under the laws relating to taxable transfers of property.
1Opinion of the Court
Scott, J.:
Sheffield Phelps, who died in December, 1902, was the son and a residuary legatee under the will of William Walter Phelps who died in the year 1894. Both Wilham Walter *84Phelps and Sheffield Phelps were at the dates of their respective deaths residents of the State of New Jersey. William Walter Phelps died possessed of certain personal property in the State of New York, including 350 shares of the capital stock of the National City Bank, and on July 24, 1901, an agreement was arrived at between his executors and the State of New York whereby the taxable value of his personal property…
2Cases cited2 opinions
- Matter of ClinchNew York Court of Appeals · 1905
- In Re the Transfer Tax Upon the Estate of WrightNew York Court of Appeals · 1915
3Cited by2 opinions
- In re the Estate of WatsonNew York Surrogate's Court · 1923
- In Re the Estate of RothchildIdaho Supreme Court · 1929