Legal Opinion

In re the Estate of King

New York Surrogate's Court

Decided July 28, 1927PublishedCited by 6 opinions

1Opinion of the Court

O’Brien, S.

The several questions raised by the special guardian in his report herein are disposed of in the following manner: (1) The objection to payment of the income taxes for the year 1925 out of capital and not out of income is overruled. Income taxes paid on the income of an estate are properly charged against principal in so far as they are imposed upon profits made by the estate not distributed or distributable to the life beneficiary as income. (2) The contention that the exchange of all . the stock of J. B. King & Co. for stock in the two companies in question was in the nature of a…

2Cases cited5 opinions

  1. United States Trust Co. v. . HeyeNew York Court of Appeals · 1918
  2. In re the Judicial Settlement of the Account of SchaeferAppellate Division of the Supreme Court of the State of New York · 1917
  3. In Re the Accounting of SchaeferNew York Court of Appeals · 1917
  4. In re the Judicial Settlement of the Account of Proceedings of the United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1920
  5. In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1920

3Cited by6 opinions

  1. In re the Will of LissbergerNew York Surrogate's Court · 1946
  2. Gilbert v. WiseNew York Supreme Court · 1948
  3. In re the Estate of HollowayNew York Surrogate's Court · 1972
  4. In re the Construction of the Will of FlaggNew York Surrogate's Court · 1948
  5. In re the Estate of DensenNew York Surrogate's Court · 1937

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