Legal Opinion

In re the Estate of Litter

New York Surrogate's Court

Decided July 28, 1939PublishedCited by 1 opinion

1Opinion of the Court

Henderson, S.

The State Tax Commission appeals from the order assessing the transfer tax herein on two grounds: (1) That the two estates by the entirety were not included in the taxable property; (2) that the computations of the life estate and the secondary life estate are erroneous.

The second ground has riot been pressed and I find that the figures are correct. Whether or not the estates by the entirety are taxable, the testator could not, by his will, create life estates or trusts in realty so held. His widow owns the fee by virtue of the said deeds.

• This ground of appeal is overruled and…

2Cases cited5 opinions

  1. In Re the Estate of CreganNew York Court of Appeals · 1937
  2. In Re the Appraisal, Under the Transfer Tax Law, of the Estate of LyonNew York Court of Appeals · 1922
  3. In re the Transfer Tax upon the Estate of CarnegieAppellate Division of the Supreme Court of the State of New York · 1922
  4. In Re the Transfer Tax Upon the Estate of CarnegieNew York Court of Appeals · 1923
  5. In re the Estate of McalpinNew York Surrogate's Court · 1938

3Cited by1 opinion

  1. In re the Estate of BirdsallNew York Surrogate's Court · 1941

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