Legal Opinion

In re the Estate of Dunlap

New York Surrogate's Court

Decided June 15, 1921PublishedCited by 2 opinions

Appeal from order fixing transfer tax.

1Opinion of the Court

Foley, S.

This appeal is taken by the trustee under a deed of trust dated May 11, 1917, executed by decedent, who died May 2, 1920, from the order fixing the transfer tax herein on the ground that the appraiser has erroneously reported as taxable the transfer of the property conveyed by the trust deed and on the further ground that suck transfer, if taxable, became effective as of the date of the deed and not as of the date of the death of the decedent.

It was provided by the deed that during the life of the grantor the entire income from the trust property should be paid to the grantor’-s four…

2Cases cited5 opinions

  1. In Re the Appraisal for Taxation of a Portion of the Estate of SeamanNew York Court of Appeals · 1895
  2. In Re the Estate of GreenNew York Court of Appeals · 1897
  3. In re the Transfer Tax upon the Estate of BowersAppellate Division of the Supreme Court of the State of New York · 1921
  4. In re the Transfer Tax of GarciaAppellate Division of the Supreme Court of the State of New York · 1918
  5. In re CrugerAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by2 opinions

  1. In re the Transfer Tax upon Trust Fund Created by Deed of TrustAppellate Division of the Supreme Court of the State of New York · 1923
  2. In re the Estate of RadeNew York Surrogate's Court · 1929

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