Legal Opinion

Brown v. Commissioner

United States Board of Tax Appeals

Decided March 19, 1940No. Docket No. 91093Published

Kate Hay Brown died intestate October 28, 1923, leaving a husband and three children. The estate consisted principally of real property. On December 24, 1923, the interests of the heirs were transferred by warranty deed to trustees for the heirs' benefit. The husband, Stuart Brown, never filed of record a waiver of dower. He died intestate less than one year after the death of his wife.

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Kate Hay Brown died intestate October 28, 1923, leaving a husband and three children. The estate consisted principally of real property. On December 24, 1923, the interests of the heirs were transferred by warranty deed to trustees for the heirs' benefit. The husband, Stuart Brown, never filed of record a waiver of dower. He died intestate less than one year after the death of his wife. Held, that Stuart Brown had only a dower interest in his wife's estate and that each of the children conveyed to the trust a one-third interest in fee in their mother's estate, subject to the dower rights of…

1Opinion of the Court

JESSIE G. BROWN, AS EXECUTRIX OF THE LAST WILL AND TESTAMENT OF MILTON HAY BROWN, DECEASED, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Brown v. Commissioner

Docket No. 91093.

United States Board of Tax Appeals

41 B.T.A. 582; 1940 BTA LEXIS 1163;

March 19, 1940, Promulgated

Kate Hay Brown died intestate October 28, 1923, leaving a husband and three children. The estate consisted principally of real property. On December 24, 1923, the interests of the heirs were transferred by warranty deed to trustees for the heirs' benefit. The husband, Stuart Brown, never filed of record a waiver…

2Cases cited1 opinion

  1. Brown v. CommissionerUnited States Board of Tax Appeals · 1940

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