Legal Opinion

In re the Estate of Devlin

New York Surrogate's Court

Decided May 29, 1964PublishedCited by 2 opinions

1Opinion of the Court

Joseph W. Cribb, S.

Decedent died April 24, 1959, and her will was admitted to probate by this court on April 30,1959.

Letters testamentary were issued to Kenneth Barker Devlin, a son. He and his sister share the estate equally, and, while no formal decree of judicial settlement has been had, it appears from the affidavit of the attorney for the estate that a final distribution of all assets was made on May 8, 1961.

A New York estate tax return was filed and a pro forma order entered July 3,1959, assessing the tax at a rate of 1%. Actually a 2% rate should have been used as the rate of tax…

2Cases cited8 opinions

  1. Matter of HendersonNew York Court of Appeals · 1898
  2. In Re the Accounting of ClareNew York Court of Appeals · 1929
  3. In re the Transfer Tax upon the Estate of PutnamAppellate Division of the Supreme Court of the State of New York · 1927
  4. In re the Estate of JagnowNew York Surrogate's Court · 1933
  5. In re the Estate of FordNew York Surrogate's Court · 1950

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In re the Estate of McNeilNew York Surrogate's Court · 1967
  2. In re the Estate of VirgillioNew York Surrogate's Court · 1979

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