Legal Opinion

In re Fixing the Transfer Tax upon the Remainder Limited upon the Life of Mason

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1907PublishedCited by 4 opinions

Appeal by Walter R." Mason and others from a decree of the Surrogate’s Court-of the county of - ¡New York, entered in-said Surrogate’s Court on tiie 6th day óf May, 1907, affirming a,prior order ■ óf said court which determined the value of 'the remainder limited upon the life of Sarah M'. Mason in' and by the will of Joseph Ray lor, deceased, and fixed the amount of the transfer tax thereon.

1Opinion of the Court

McLaughlin, J.:

On. the 7th of June, 1897, Joseph Naylor died, leaving a will by which he devised certain real estate in trust to trustees therein; named for the benefit of his wife during her life, and directed them, upon her death, to hold such real estate upon seven separate trusts for the benefit of his seven nephews and nieces respectively, paying to each the net income of one equal seventh part during his or her life, with remainder in each case to his or her surviving lineal descendants. The executors qualified, and on the 10th of August, 1898, an appraiser was appointed to fix the…

2Cases cited5 opinions

  1. Rudd v. . CornellNew York Court of Appeals · 1902
  2. House v. . LockwoodNew York Court of Appeals · 1893
  3. In re the Appraisal under an Act Relating to Taxable Transfers of the Property of EarleAppellate Division of the Supreme Court of the State of New York · 1902
  4. In re Goelet's EstateNew York Surrogate's Court · 1901
  5. Stokes v. StokesAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by4 opinions

  1. In re the Transfer Tax upon the Estate of SeligmannAppellate Division of the Supreme Court of the State of New York · 1915
  2. In re the Transfer Tax upon the Estate of BuckiAppellate Division of the Supreme Court of the State of New York · 1916
  3. In re the Estate of NotmanNew York Surrogate's Court · 1956
  4. In re the Appraisal for Taxation of the Remainder Interest in a Trust Fund Passing Under the Will of DickeyAppellate Division of the Supreme Court of the State of New York · 1916

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