Legal Opinion

In re the Estate of Stewart

New York Surrogate's Court

Decided June 27, 1930PublishedCited by 2 opinions

1Opinion of the Court

O’Brien, S.

This is an appeal by the executors and trustees from the order fixing tax entered on the appraiser’s report on April 21, 1930. There are twenty-nine grounds of appeal set forth at length in the notice of appeal. The principal ground of appeal is that various trusts created by the decedent prior to his death were erroneously included in the appraiser’s report as a taxable item. The decedent died on October 15, 1927. In the year 1923 the decedent executed four trusts, and the question now at issue is whether or not they were irrevocable trusts. If so, having been created prior to…

2Cases cited3 opinions

  1. In re the Appraisal under the Transfer Tax Act of the Estate of MasuryAppellate Division of the Supreme Court of the State of New York · 1898
  2. In re the Transfer Tax upon the Estate of BowersAppellate Division of the Supreme Court of the State of New York · 1921
  3. In re the Estate of SmithNew York Surrogate's Court · 1930

3Cited by2 opinions

  1. In re the Estate of StewartNew York Surrogate's Court · 1931
  2. In re the Transfer Tax Upon the Estate of StewartAppellate Division of the Supreme Court of the State of New York · 1932

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