In Re the Appraisal of the Property of Sherman
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, made March 29, 1897, which affirmed an order of the surrogate of the county of Erie. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The tax imposed by chapter 399 of the Laws of 1892 on taxable transfers of property is not upon the property itself, but upon the transfer of the clear market value of such property.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, made March 29, 1897, which affirmed an order of the surrogate of the county of Erie. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The tax imposed by chapter 399 of the Laws of 1892 on taxable transfers of property is not upon the property itself, but upon the transfer of the clear market value of such property. (In re Hoffman, 143 N. Y. 329; In re Merriam, 141 N. Y. 484 ; In re Swift, 137 N. Y. 77; In re Cullum, 5 Misc. Rep. 174; 145 N. Y. 593 ;…
1Opinion of the Court
Andrews, Ch. J.
This aj>peal is from an order which affirmed the decision of the surrogate, which excluded from appraisal under the act, chapter 399 of the Laws of 1892, in relation to the taxable transfers of property, United States bonds amounting to $10,000, owned by the testator, a resident of the state, who died in 1896. The question presented depends upon the provisions of the act of 1892. The power of a state to tax the right of transfer of property by will or the right of succession under the intestate laws of the state is not an open question. It results from the acknowledged…
2Cases cited6 opinions
- Matter of Estate of SwiftNew York Court of Appeals · 1893
- Society for Savings v. CoiteSupreme Court of the United States · 1868
- The People v. . the Home Insurance Co.New York Court of Appeals · 1883
- In Re the Appraisal for Taxation of the Estate of WhitingNew York Court of Appeals · 1896
- In Re the Appraisement of Legacies & Assessment of Collateral Inheritance Tax Under the Last Will & Testament of KnoedlerNew York Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Plummer v. ColerSupreme Court of the United States · 1900
- In Re the Transfer Tax Upon the Estate of DowsNew York Court of Appeals · 1901
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of DelanoNew York Court of Appeals · 1903
- In Re the Estate of McGloneNew York Court of Appeals · 1940
- In re CooganNew York Supreme Court · 1899
25 more not listed; retrieve them via the Exa API.