Legal Opinion
In re Brooklyn Trust Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 27, 1939PublishedCited by 12 opinions
1Opinion of the CourtCarswell, J.
The decedent executed her will on November 23, 1927. She died October 11, 1935. Her will contained no provision for the payment of taxes upon her estate.
The net taxable estate was $3,110,885.73. After making certain bequests, including $10,000 to Olga Schmid, a stranger in blood, she divided the residuary estate among her six nephews, nieces and a grandniece.
The total State and Federal taxes were $949,915.90. The surrogate adopted an apportionment of this tax among the legatees, which allocated against Olga Schmid’s legacy a tax of $3,053.52. On the accounting Schmid filed objections to this…
2Cases cited2 opinions
- People v. C. Klinck Packing Co.New York Court of Appeals · 1915
- Genet v. . City of BrooklynNew York Court of Appeals · 1885
3Cited by12 opinions
- In re DettmerNew York Surrogate's Court · 1943
- Estate of WelshCalifornia Court of Appeal · 1948
- Milton Point Ass'n v. ClarkNew York Supreme Court · 1958
- People v. Mobil Oil Corp.New York District Court · 1979
- Rego Properties Corp. v. Finance AdministratorNew York Supreme Court · 1980
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