Legal Opinion

In re the Estate of Mills

New York Surrogate's Court

Decided September 15, 1900Published

Appeal from a decree of the Surrogate’s Court, entered upon the report of an appraiser, assessing the transfer tax.

1Opinion of the Court

Silkman, S.

This is an appeal from a decree dated June 13, 1900, entered upon the report of an appraiser, assessing the transfer tax upon the succession to the estate of Maria F. Mills, deceased.

Maria F. Mills was the daughter of William Abendroth. The will of Mr. Abendroth directed the sale of his real property, and it thus became in equity personalty.

*609His daughter, Mrs. Mills, under his will took a share in the proceeds of the realty.

She survived her father a few years, but died before an actual sale and conversion had taken place.

Mrs. Mills left a will by which her interest in her father’s…

2Cases cited3 opinions

  1. Fisher v. . BantaNew York Court of Appeals · 1876
  2. In re SuttonAppellate Division of the Supreme Court of the State of New York · 1896
  3. In re the Appraisal under the Transfer Tax Acts of the Property of SuttonNew York Surrogate's Court · 1895

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