Legal Opinion

In re Transfer Tax upon the Estate of Porter

New York Surrogate's Court

Decided March 15, 1910PublishedCited by 11 opinions

Appeal from an order fixing the transfer tax.

1Opinion of the Court

Thomas, S.

By chapter 310 of the Laws of 190& the Transfer Tax Law was amended by the addition to section 220 of a new subdivision, which reads as follows:

“ Whenever the property of a resident decedent or of a nonresident decedent within the State, transferred by will, is not specifically bequeathed or devised, such property shall, for the *444purpose of this, article, be deemed to be transferred proportionately to and divided pro rata among the general legatees and devisees named in said decedent’s will, including all transfers under a residuary clause in such will.” Tax Law, subd. 3:, art. 10,…

2Cases cited2 opinions

  1. In re the Transfer Tax upon the Estate of GrosvenorAppellate Division of the Supreme Court of the State of New York · 1908
  2. In Re the Transfer Tax Upon the Estate of BrowneNew York Court of Appeals · 1909

3Cited by11 opinions

  1. In re the Transfer Tax on the Estate of BrooksNew York Surrogate's Court · 1922
  2. McDougald v. LowCalifornia Supreme Court · 1912
  3. People v. BeckersIllinois Supreme Court · 1952
  4. In re Baylies' EstateNew York Surrogate's Court · 1914
  5. In re the Estate of KeithNew York Surrogate's Court · 1921

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