Legal Opinion

In re the Estate of Gihon

New York Surrogate's Court

Decided November 15, 1900PublishedCited by 2 opinions

Appeal from a decree assessing the transfer tax.

1Opinion of the Court

Silkman, S.

An appeal is taken from the decree assessing the transfer tax herein, and several grounds of error are assigned:

1. The appraiser did not deduct the sum of $7,864.59, the expense of administration incurred by the temporary administrator,, including his commissions.

2. The appraiser failed to deduct the legacy tax under the Federal Revenue Law.

3. The appraiser failed to deduct the statutory commissions which the appellants would be entitled to as trustees.

4. The appraiser erroneously included an item of $24,960 in arriving at the value of the succession.

In considering the grounds of…

2Cases cited3 opinions

  1. In Re the Transfer Tax Upon the Estate of HoffmanNew York Court of Appeals · 1894
  2. In re Appraisal of the Estate of BurrNew York Surrogate's Court · 1895
  3. In re Assessing & Determining the Transfer Tax on the Estate of BeckerNew York Surrogate's Court · 1899

3Cited by2 opinions

  1. In re GihonAppellate Division of the Supreme Court of the State of New York · 1901
  2. In re Vanderbilt's EstateAppellate Division of the Supreme Court of the State of New York · 1902

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