Kelly v. Kelly

This appeal pertains to the legality of a transfer inheritance tax assessment. The transcript of the antecedent proceedings before the Tax Commissioner discloses the facts from which the discordant views have arisen.

On June 18th, 1929, one Richard Kelly with his own personal funds opened an account, commonly known as a checking or commercial account, with the Royal Bank of Canada, at No. 68 William Street in the City of New York, payable to himself or to his wife, Matilda Kelly. The signature card evidential of the contractual engagement expresses the terms as follows:

"We, the undersigned,…