In Re the Transfer Tax Upon the Estate of Penfold
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 21, 1915, which affirmed an order of the New York County Surrogate’s Court denying a motion to modify a prior order assessing a transfer tax upon the estate of Josephine Penfold, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 21, 1915, which affirmed an order of the New York County Surrogate’s Court denying a motion to modify a prior order assessing a transfer tax upon the estate of Josephine Penfold, deceased. The facts, so far as material, are stated in the opinion. It is evident that no part of the loss of $66,546 incurred during the administration of this estate ever passed to or can pass to the legatees or be enjoyed by them and thus is not taxable. (Matter of Gihon, 169 N. Y. 443; Matter of…
1Opinion of the CourtChase, J.
The testatrix died April 3, 1912, leaving a will which was probated April 12, 1912, and upon which letters testamentary were duly issued to the executors named therein. By said will she gave her residuary estate to her brothers Edmund Penfold and William Hall Penfold in equal shares. Within a few days after the probate of said will a proceeding was commenced in said Surrogate’s Court to fix the clear market value of the estate for the purpose of determining the amount of the transfer tax imposed upon the transfers made by said will. An order was entered April 15,1913, confirming the report of…
2Cases cited23 opinions
- Matter of Estate of SwiftNew York Court of Appeals · 1893
- In Re the Appraisal for Taxation of a Portion of the Estate of SeamanNew York Court of Appeals · 1895
- In Re the Transfer Tax Upon the Estate of DowsNew York Court of Appeals · 1901
- Matter of MeyerNew York Court of Appeals · 1913
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
18 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Estate of WatkinsonCalifornia Supreme Court · 1923
- In Re the Appraisal, Under the Transfer Tax Law, of the Estate of LyonNew York Court of Appeals · 1922
- In re the Estate of FergusonWashington Supreme Court · 1921
- In re the Transfer Tax upon the Estate of DupignacNew York Surrogate's Court · 1924
- In re DettmerNew York Surrogate's Court · 1943
54 more not listed; retrieve them via the Exa API.