In Re the Appraisal Under the Transfer Tax Act of the Estate of Kidd
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 5, 1906, which affirmed an order of the New York County Surrogate’s Court adjudging the estate of George W. Kidd, deceased, to be exempt from a transfer tax. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 5, 1906, which affirmed an order of the New York County Surrogate’s Court adjudging the estate of George W. Kidd, deceased, to be exempt from a transfer tax. The facts, so far as material, are stated in the opinion. The oral agreement alleged to have been made between Anna Estelle Slocum with George W. Kidd, prior to her marriage with him, was in contemplation of his death, was not payment of any legal debt, but was a gift of gratuity, and as such is liable to taxation.…
1Opinion of the Court
Cullen', Ch. J.
George W. Kidd died December 3rd, 1901, possessed of an estate exceeding in value $800,000. He left a will which was admitted to probate by the surrogate of the county of Hew York on April 5th, 1903. By his will he created a number of trusts, the ultimate remainders in which were contingent. The details of the will are immaterial. It is sufficient to say that proceedings having been instituted to determine the amount of the transfer tax, an agreement was entered into in March, 1905, between the executor and the state comptroller, under the provisions of section 230a of the Tax…
2Cases cited10 opinions
- Orr v. GilmanSupreme Court of the United States · 1902
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of LansingNew York Court of Appeals · 1905
- In Re the Transfer Tax Upon the Estate of DowsNew York Court of Appeals · 1901
- In Re the Transfer Tax Upon the Estate of PellNew York Court of Appeals · 1902
- In re the Appraisal of the Property of BakerAppellate Division of the Supreme Court of the State of New York · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Estate of RathCalifornia Supreme Court · 1937
- Farmers' Loan Trust Co. v. . MortimerNew York Court of Appeals · 1916
- Carter v. CraigSupreme Court of New Hampshire · 1914
- Clarke v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1917
36 more not listed; retrieve them via the Exa API.