Legal Opinion
In re the Estate of McKim
New York Surrogate's Court
Decided June 25, 1940Published
1Opinion of the Court
Delehanty, S.
By decision heretofore made (172 Misc. 477) the court held that the remainder interest in the trust created by the will of deceased was not subject to tax and that it passed to a charitable corporation. As a result of that decision it was ascertained that the tax heretofore paid to the State exceeded by $3,261.10 the amount payable to the State. This amount has been refunded by the State and concededly belongs to the remainder-man. Pursuant to statute the State also made refund of $2,906.39 as intérest at the statutory rate upon the principal sum just mentioned. Such interest…
2Cases cited5 opinions
- Salomon v. State Tax Comm'n of NYSupreme Court of the United States · 1929
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of BrezNew York Court of Appeals · 1902
- In re the Transfer Tax upon the Estate of DeCordovaAppellate Division of the Supreme Court of the State of New York · 1922
- In Re the Transfer Tax Upon the Estate of De CordovaNew York Court of Appeals · 1922
- In re the Estate of McKimNew York Surrogate's Court · 1939