Legal Opinion
In re the Estate of Fearing
New York Surrogate's Court
Decided May 15, 1922PublishedCited by 3 opinions
Appeal from an order fixing a transfer tax herein.
1Opinion of the Court
Foley, S.
Because of the special circumstances of this nonresident estate, the appeal of the executors should be sustained in the following particulars:
The deductions for debts due New York creditors should be prorated in the ratio that the value of all the taxable property in this state bears to the value of the gross estate, taxable and nontaxable, including realty, in this state (but excluding property within the state specifically bequeathed). Matter of Baylies, 148 N. Y. Supp. 912; Matter of Grosvenor, 124 App. Div. 331; Matter of Grosvenor, 126 id. 953; affd., 193 N. Y. 652; Matter of…
2Cases cited4 opinions
- In Re the Estate of WesturnNew York Court of Appeals · 1897
- In re the Transfer Tax upon the Estate of GrosvenorAppellate Division of the Supreme Court of the State of New York · 1908
- In re Baylies' EstateNew York Surrogate's Court · 1914
- In re the Estate of WittmannNew York Surrogate's Court · 1920
3Cited by3 opinions
- In re the Transfer Tax on the Estate of BrooksNew York Surrogate's Court · 1922
- In re the Estate of ColtNew York Surrogate's Court · 1925
- In re the Transfer Tax upon the Estate of FearingAppellate Division of the Supreme Court of the State of New York · 1923