In re Fearing's Estate
Appellate Division of the Supreme Court of the State of New York
Appeal from Surrogate’s Court, New York County. In the matter of the transfer tax upon the estate of Daniel B. Fearing, deceased. From an order of the Surrogate vacating an order and remitting a report of the appraiser, the State Comptroller and others appeal.
1Opinion of the CourtScott, J.
These are cross-appeals from an order of the surrogate fixing the amount of transfer tax to be paid in this proceeding. The important question, which is presented by the appeal of the State Comptroller, is as to the taxability of certain property consisting of debts secured by mortgages. Daniel B. Fearing, a resident of New York, died in 1870, leaving a will by which he created a trust for the benefit of his daughter, Amy R. Sheldon, during her life, with a power of appointment to her as to the principal of the trust estate to. be exercised by her last will and testament. She died on January…
2Cases cited4 opinions
- Blackstone v. MillerSupreme Court of the United States · 1903
- In Re the Appraisal for Taxation of the Property of BronsonNew York Court of Appeals · 1896
- In Re the Appraisal Under the Transfer Tax Act of a Certain Trust Fund Held by HarbeckNew York Court of Appeals · 1900
- In re the Appraisal under the Act Relating to Taxable Transfers of Property of the Estate of PrestonAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Gardner v. TriggArizona Supreme Court · 1942