In re Wilcox's Estate
New York Surrogate's Court
In the matter of the estate of Sylvester Wilcox, deceased. Application by Marion Wilcox, as executrix, for leave to sell real estate to pay a transfer tax. Sylvester Wilcox by his will left his real estate, with a life use, to his widow, Marion Wilcox, and the remainder to his four brothers and sisters, share and share alike, with the provision that, if any of his brothers and sisters died without issue, the surviving brothers and sisters should take their respective shares.
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In the matter of the estate of Sylvester Wilcox, deceased. Application by Marion Wilcox, as executrix, for leave to sell real estate to pay a transfer tax. Sylvester Wilcox by his will left his real estate, with a life use, to his widow, Marion Wilcox, and the remainder to his four brothers and sisters, share and share alike, with the provision that, if any of his brothers and sisters died without issue, the surviving brothers and sisters should take their respective shares. The life tenant paid her transfer tax. This is an application by the executrix to sell each separate remainder in the…
1Opinion of the Court
BROWN, S.
In the first instance I conceive that the statute intends that the transfer tax on real property given in trust or otherwise, whereby a life tenant has an interest therein, with remainder over to other people, coupled with the fact that there is some contingency that may happen, whereby the right of any of the beneficiaries in that particular fund is created, defeated, extended, or abridged, is to be paid forthwith after the fixing of the tax, by the executor, out of the corpus of the fund or property transferred, not necessarily by the whole will, but transferred in the contingency…
2Cases cited2 opinions
- In Re the Accounting of TracyNew York Court of Appeals · 1904
- In re the Accounting of HoytNew York Surrogate's Court · 1902
3Cited by4 opinions
- McMillan v. O'BrienCalifornia Supreme Court · 1934
- National Union Fire Insurance v. Ranger InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
- Central Wisconsin Trust Co. v. SwensonWisconsin Supreme Court · 1936
- Baranowski v. WetzelAppellate Division of the Supreme Court of the State of New York · 1916