In re Estate of Walworth
Appellate Division of the Supreme Court of the State of New York
Appeal by Bartlett B. Grippen, as county treasurer of the county of Saratoga, from an order and decree of the Surrogate’s Court of Saratoga county, entered in said Surrogate’s Court on the 23d day of July, 1901, affirming so much of the order and decree entered in said court on the 27th day of May, 1901, as purports to fix, determine and assess the tax upon the property therein appraised and over which Clarence A. Walworth, deceased, had exercised a power of appointment…
Read the full summary
Appeal by Bartlett B. Grippen, as county treasurer of the county of Saratoga, from an order and decree of the Surrogate’s Court of Saratoga county, entered in said Surrogate’s Court on the 23d day of July, 1901, affirming so much of the order and decree entered in said court on the 27th day of May, 1901, as purports to fix, determine and assess the tax upon the property therein appraised and over which Clarence A. Walworth, deceased, had exercised a power of appointment conferred by the will of Reuben H. Walworth, deceased, at the sum of $780.30, the same being at the rate of one per cent. On…
1Opinion of the Court
Chase, J.:
By chapter 483 of the Laws of 1885, relating to the taxation of gifts, legacies and collateral inheritances, lineal descendants were wholly exempt from its provisions. By chapter 215 of the Laws of 1891, lineal descendants were included in certain cases. The prior-acts relating thereto were repealed by chapter 399 of the Laws of 1892. The act of 1892 provided :
“ § í. Taxable transfers. * * * 3. * * * Such tax shall be at the rate of five per cent upon the clear market value of such property, except as otherwise prescribed in the next section.
“ § 2. Exceptions and limitations.—When…
2Cases cited2 opinions
- In Re the Appraisal Under the Transfer Tax Act of a Certain Trust Fund Held by HarbeckNew York Court of Appeals · 1900
- In re the Appraisal of Certain Funds by the Will of SeaverAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- Schneider v. LaffoonOhio Supreme Court · 1965
- In re the Estate of VanderbiltNew York Surrogate's Court · 1937
- In re the Appraisal under the Taxable Transfer Act of Estate of BuckinghamAppellate Division of the Supreme Court of the State of New York · 1905