Legal Opinion

In re the Appraisal for Taxation under the Act in Relation to Taxable Transfers, of the Property of the Estate of Gould

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1897PublishedCited by 16 opinions

Cboss-appeals by George J. Gould and others, as executors and trustees under the will of Jay Gould, deceased, and by James A. Roberts, Comptroller of the State of Few York, and Ash bel P." Fitch, comptroller of the city and county of Few York, from an order of the Surrogate’s Court of the county of Few York, entered in the office of said Surrogate’s Court on the 1st day of October, 1896, which affirmed an order theretofore made by said Surrogate’s Court fixing the value of…

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Cboss-appeals by George J. Gould and others, as executors and trustees under the will of Jay Gould, deceased, and by James A. Roberts, Comptroller of the State of Few York, and Ash bel P." Fitch, comptroller of the city and county of Few York, from an order of the Surrogate’s Court of the county of Few York, entered in the office of said Surrogate’s Court on the 1st day of October, 1896, which affirmed an order theretofore made by said Surrogate’s Court fixing the value of the property of the estate of Jay Gould, deceased, and the amount of the transfer tax thereon.

1Opinion of the Court

Williams, J.:

Both parties appealed- from the order. The Comptroller raised the question that the legacy to George J: Gould and the expenses of administration should not" have been deducted in arriving at the value of the property for the purposes of taxation. The executors raised the question that there was an overvaluation of the property and that the amount allowed for the commissions of executors was too small.

The deduction of the amount of the legacy to George J. Gould *354'was made On the ground that such-legacy was given in payment of -an indebtedness owing by the estate, and was not-,…

2Cases cited2 opinions

  1. In Re the Transfer Tax Upon the Estate of HoffmanNew York Court of Appeals · 1894
  2. People Ex Rel. Knickerbocker Fire Insurance v. ColemanNew York Court of Appeals · 1887

3Cited by16 opinions

  1. In re the Estate of SuderovNew York Surrogate's Court · 1935
  2. In re RiceAppellate Division of the Supreme Court of the State of New York · 1900
  3. In re the Appraisal of the Estate of GranfieldNew York Surrogate's Court · 1913
  4. In re BrundageAppellate Division of the Supreme Court of the State of New York · 1898
  5. In re the Appraisal for Taxation, Under the Act in Relation to Taxable Transfers of Property, of the Estate of RiceNew York Surrogate's Court · 1899

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