Legal Opinion

In re the Transfer Tax on the Estate of Morgan

New York Surrogate's Court

Decided January 15, 1902PublishedCited by 2 opinions

Proceedings upon the report of an appraiser appointed to assess the transfer tax.

1Opinion of the Court

Thoüvias, S.

— The order fixing the tax was an adjudication, binding on the parties and on the State as to all matters litigated before the appraiser and passed upon by him. The appraiser had the claim of Alexander C. Morgan against the decedent’s estate brought to his attention, but he did not pass upon it for the reason that it was then in litigation, and this fact appears upon the face of his report. The question as to the propriety of a deduction for this claim has, therefore, not yet been determined. The matter will be sent back to the appraiser to take evidence and report what, if any,…

2Cases cited2 opinions

  1. In Re the Estate of WesturnNew York Court of Appeals · 1897
  2. In re Estate of CrerarAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by2 opinions

  1. In re Clarkson's EstateNew York Surrogate's Court · 1912
  2. In re the Estate of HamiltonNew York Surrogate's Court · 1903

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