Legal Opinion

In re the Appraisal Under the Transfer Tax Acts of the Property of Shields

New York Surrogate's Court

Decided June 15, 1910PublishedCited by 6 opinions

Appeal from an order of the appraiser imposing the transfer tax.

1Opinion of the Court

Ketcham, S.

The executors appeal from the order by which the transfer tax was imposed, and assign as error that the tax upon the transfer of the decedent’s real estate was measured by the value of the lands, without deduction of the widow’s dower, and that no deduction was made for the commissions of a broker upon the. sale of real estate or for the commissions of trustees.

The will gave to the widow all the decedent’s personal estate “ to use and enjoy the same and all income therefrom during her natural life.” It devised all the real estate to the executors under a perfect trust to dispose of…

2Cases cited4 opinions

  1. Savage v. . BurnhamNew York Court of Appeals · 1858
  2. Vernon v. . VernonNew York Court of Appeals · 1873
  3. Tobias v. . KetchumNew York Court of Appeals · 1865
  4. Konvalinka v. . SchlegelNew York Court of Appeals · 1887

3Cited by6 opinions

  1. In re Kohn's EstateUtah Supreme Court · 1920
  2. McDermid v. BourhillOregon Supreme Court · 1921
  3. Estate of Sternberger v. CommissionerUnited States Tax Court · 1952
  4. Smith v. CommissionerUnited States Board of Tax Appeals · 1927
  5. Estate of Sternberger v. CommissionerUnited States Tax Court · 1952

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