In re Sutton
Appellate Division of the Supreme Court of the State of New York
Appeal by Heinrich Meyer, as executor, etc., of George William Sutton, deceased, from so much of an order of the Surrogate’s Court of the county of Westchester, entered in said Surrogate’s Court on the .2d day of January, 1896, as affirms a decree entered therein on the 5th day of June, 1895, so far as the same refuses to deduct the mortgage indebtedness of the testator from the aggregate amount of the personal estate.
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Appeal by Heinrich Meyer, as executor, etc., of George William Sutton, deceased, from so much of an order of the Surrogate’s Court of the county of Westchester, entered in said Surrogate’s Court on the .2d day of January, 1896, as affirms a decree entered therein on the 5th day of June, 1895, so far as the same refuses to deduct the mortgage indebtedness of the testator from the aggregate amount of the personal estate. Also, an appeal by-John Hoag, treasurer of Westchester county, from so much of said order as exempts from taxation all the real property belonging to the testator at the time…
1Opinion of the Court
Brown, P. J.:
The estate of the testator consists of both real and personal property (the real estate being subject to mortgages), and under his will, with the exception of 'a few legacies, the whole of it passes to the executor in "trust for the testator’s children and grandchildren.
By the provisions of the will there was an equitable conversion of the real into personal estate, the executor being directed to convert the estate into money and divide it into five shares, and to invest and hold one share for each child of the testator and apply the' net income thereof to the use of the child…
2Cases cited2 opinions
- Matter of Estate of SwiftNew York Court of Appeals · 1893
- In Re the Appraisal Under the Collateral Inheritance Tax Act of Property of CurtisNew York Court of Appeals · 1894
3Cited by25 opinions
- In Re the Transfer Tax Upon the Estate of DowsNew York Court of Appeals · 1901
- Cochran's Ex'or and Trustee v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
- In re the Estate of De StuersNew York Surrogate's Court · 1950
- In re the Transfer Tax upon the Estate of GibertAppellate Division of the Supreme Court of the State of New York · 1917
- In re Appraisal under the Transfer Tax Acts Property of OffermanAppellate Division of the Supreme Court of the State of New York · 1898
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