In Re the Transfer Tax Upon the Estate of King
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 5, 1915, which affirmed an order of the New York County Surrogate’s Court exempting from transfer tax a certain trust fund over which decedent had a power of appointment. 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 November 5, 1915, which affirmed an order of the New York County Surrogate’s Court exempting from transfer tax a certain trust fund over which decedent had a power of appointment. The facts, so far as material, are stated in the opinion. The term “ children ” does not include ‘ ‘ grandchildren ” unless there is something in the will to show that the word was used in a broader sense. (Mowatt v. Carow, 7 Paige, 328; Palmer v. Horn, 84 N. Y. 516; Matter of Truslow, 140 N. Y. 599; Pimel…
1Opinion of the CourtPound, J.
Fannie King died August 3, 1913, leaving no husband, child or issue of a deceased child, brother or sister. Under the will of her father, Charles King, who died in the year 1862, she had the income of a trust fund of $70,750 with the power of appointment by will in favor of her children and their issue or, in case she had no child or issue, as she might direct. In default of such appointment the fund was to goto “ her children and their issue, ” or in case she left no “ child or issue ” or husband to revert to the estate of Charles King . “ and be divided between and among all my [his] other…
2Cases cited5 opinions
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of LansingNew York Court of Appeals · 1905
- Clark v. . CammannNew York Court of Appeals · 1899
- Pimel v. . BetjemannNew York Court of Appeals · 1905
- Prowitt v. . RodmanNew York Court of Appeals · 1867
- In Re the Transfer Tax Upon the Estate of SlossonNew York Court of Appeals · 1915
3Cited by15 opinions
- In re the Estate of RogersAppellate Division of the Supreme Court of the State of New York · 1945
- In re TaylorAppellate Division of the Supreme Court of the State of New York · 1924
- In re the Accounting of Bank of New YorkNew York Court of Appeals · 1959
- Hancy v. CommissionerUnited States Board of Tax Appeals · 1929
- In re the Judicial Settlement of the Account of PhipardAppellate Division of the Supreme Court of the State of New York · 1918
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