In Re the Appraisal, Under the Transfer Tax Act, of the Estate of Vanderbilt
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 12, 1902, which affirmed an order of the Mew York County Surrogate’s Court assessing a transfer tax upon the estate of Cornelius Vanderbilt, deceased. The facts, so far as material, are stated in the opinion. The surrogate erred in refusing and neglecting to tax the transfers of remainders made by the 17th clause of the will of Cornelius Vanderbilt.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 12, 1902, which affirmed an order of the Mew York County Surrogate’s Court assessing a transfer tax upon the estate of Cornelius Vanderbilt, deceased. The facts, so far as material, are stated in the opinion. The surrogate erred in refusing and neglecting to tax the transfers of remainders made by the 17th clause of the will of Cornelius Vanderbilt. (Matter of Sherman, 153 N. Y. 4 ; Knowlton v. Moore, 178 U. S. 55 ; Matter of Knoedler, 140 N. Y. 380; Murdock v. Ward, 178 U. S.…
1Dissent
The will of Cornelius Vanderbilt, who died on the 12th day of September, 1899, was admitted to probate on the 8th day of November, 1899, and disposed of a very large estate. The appraiser appointed by the surrogate reported that the entire estate disposed of amounted to something over fifty-two million dollars. Under the statute providing for the taxation of transfers of property by will a tax was imposed and paid of over three hundred and twenty-five thousand dollars. The state comptroller claims that the estate should pay one hundred and eighteen thousand dollars more than has been imposed…
2Cases cited9 opinions
- In Re the Transfer Tax Upon the Estate of DowsNew York Court of Appeals · 1901
- In Re the Transfer Tax Upon the Estate of PellNew York Court of Appeals · 1902
- In Re the Appraisal for Taxation, Under the Act in Relation to Taxable Transfers of Property, of the Estate of GouldNew York Court of Appeals · 1898
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
- In Re the Transfer Tax Upon the Estate of HoffmanNew York Court of Appeals · 1894
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