In re the Estate of Kennedy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Nathan L. Miller, as Comptroller of the State of New York, from a decree of the Surrogate’s Court of the county of Onondaga, entered in said Surrogate’s Court on the 2.0 th day of January, 1903, modifying an order entered in said court on the 5th day of March, 1902, fixing the transfer tax upon the estate of George N. Kennedy, deceased. • ,
1Opinion of the Court
Williams, J.:
The order or decree of January 20, 1903, should be reversed, and that of March 5, 1902, affirmed, with costs to the appellant.
The principal question raised by this appeal is whether certain future contingent interests in the estate were taxable presently or only when the persons entitled thereto should come into' the possession of the same.
The surrogate at first held the interests taxable presently, but on appeal reversed himself and held they were not taxable until possession .thereof was secured by the persons interested therein. This latter decision was based upon a…
2Cases cited2 opinions
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of VanderbiltNew York Court of Appeals · 1902
3Cited by3 opinions
- State v. MerrillWisconsin Supreme Court · 1933
- Estate of Kinsella v. Mercantile Trust Co.Supreme Court of Missouri · 1922
- In re KaneAppellate Division of the Supreme Court of the State of New York · 1926