Legal Opinion
In re the Estate of Hoyt
New York Surrogate's Court
Decided June 15, 1904PublishedCited by 3 opinions
Objections to the account of an executor. •
1Opinion of the Court
Thomas, S.
Under the law as it existed prior to the amendments made to section 230 of the Tax Law by Laws of 1899; chapter 76, the executor is clearly right in his contention that the tax to be imposed on the beneficiaries of the life estates was required to be paid from income (Matter of Hoyt, 37 Misc. Rep. 720; Matter of Tracy, 87 App. Div. 215; Matter of Johnson, 6 Dem. 146). Under that law the beneficiaries of the life: estate were also entitled to the income on the full amount of the trust fund, and the tax imposed on remainder interests, even though vested, was required to be paid by the…
2Cases cited5 opinions
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of VanderbiltNew York Court of Appeals · 1902
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of BrezNew York Court of Appeals · 1902
- Monson v. New York Security & Trust Co.New York Court of Appeals · 1894
- In re the Accounting of HoytNew York Surrogate's Court · 1902
- In re the Judicial Settlement of the Accounts of Tracy & GreenAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- In re the Transfer Tax upon the Estate of SpingarnAppellate Division of the Supreme Court of the State of New York · 1916
- Allen v. First National Bank of MadisonWisconsin Supreme Court · 1943
- In re the Judicial Settlement of the Final Account of Proceedings of PurdyNew York Surrogate's Court · 1927