In Re the Transfer Tax Upon the Estate of McKelway
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 5, 1917, which affirmed an order of the Kings County Surrogate’s Court assessing a transfer tax upon the estate of St. Clair McKelway, deceased. The facts, so far as material, are stated in the opinion. A taxable transfer was made on the death of the decedent, as to the property described in the 7th and 8th paragraphs of the appraiser’s report.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 5, 1917, which affirmed an order of the Kings County Surrogate’s Court assessing a transfer tax upon the estate of St. Clair McKelway, deceased. The facts, so far as material, are stated in the opinion. A taxable transfer was made on the death of the decedent, as to the property described in the 7th and 8th paragraphs of the appraiser’s report. (L. 1915, ch. 664; Matter of Schroeder, N. Y. L. J., March 20, 1912; Matter of Wunsch, N. Y. L. J., Jan. 24, 1913; Matter of Von…
1Opinion of the CourtPound, J.
On November 24, 1913, St. Clair McKelway and Virginia B. McKelway, his wife, owned jointly certain securities consisting of corporate bonds, which they delivered to the Brooklyn Trust Company to hold as custodian, pay them the income in equal shares, and, should the agreement be in force at the death of either, to deliver and pay over the securities and any income thereon then on hand to the survivor.
At the time this agreement was entered into the interest in property which upon the death of one joint tenant passes by right of survivorship to his co-tenant was not in express terms subject to…
2Cases cited8 opinions
- United States v. PerkinsSupreme Court of the United States · 1896
- Hiles v. . FisherNew York Court of Appeals · 1895
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of LansingNew York Court of Appeals · 1905
- In Re the Transfer Tax Upon the Estate of PellNew York Court of Appeals · 1902
- Overheiser v. . LackeyNew York Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Moskowitz v. MarrowNew York Court of Appeals · 1929
- In Re the Estate of BlumenthalNew York Court of Appeals · 1923
- In Re the Estate of SuterNew York Court of Appeals · 1932
- Leppard v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1929
- In Re the Appraisal, Under the Transfer Tax Law, of the Estate of LyonNew York Court of Appeals · 1922
83 more not listed; retrieve them via the Exa API.