In Re the Appraisement of Legacies & Assessment of Collateral Inheritance Tax Under the Last Will & Testament of Knoedler
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 17, 1893, which affirmed an order of the surrogate of the county of New York which affirmed an order of said surrogate confirming the report of an appraiser appointed under the Collateral Inheritance Act. The facts, so far as material, are stated in the opinion. The policies did not constitute property within the meaning of the law.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 17, 1893, which affirmed an order of the surrogate of the county of New York which affirmed an order of said surrogate confirming the report of an appraiser appointed under the Collateral Inheritance Act. The facts, so far as material, are stated in the opinion. The policies did not constitute property within the meaning of the law. (113 N. Y. 180 ; Potter’s Dwarris on Stat. 191, 274; McCartee v. O. A. Society, 9 Cow. 437; Rogers v. Bradshaw, 20 Johns. 744; U. S. v. Collier, 3 Blatch. 325 :…
1Opinion of the CourtMaynard, J.
The appellants object to the assessment of a tax under the collateral inheritance law upon that part of the estate of the testator, amounting to $65,000 and upwards, which is the proceeds of four life insurance policies, held by him at the time of his death. They insist that the value of these policies should not have been included in the appraisement made by order of the surrogate, because they were not property in such a sense as to be the subject of appraisal, or the basis of computation for the ascertainment of the tax, under chapter 713 ■ of the Laws of 1887, which was in force when the…
2Cited by31 opinions
- Minot v. WinthropMassachusetts Supreme Judicial Court · 1894
- State v. AlstonTennessee Supreme Court · 1895
- People v. GriffithIllinois Supreme Court · 1910
- In Re the Appraisal of the Property of ShermanNew York Court of Appeals · 1897
- In re the Estate of VorheesAppellate Division of the Supreme Court of the State of New York · 1922
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