In re the Appraisal of Estate of Pierce
Appellate Division of the Supreme Court of the State of New York
Appeal by Byron A. Pierce and another, as administrators, etc., from a decree of the Surrogate’s Court of the county of Cattaraugus, entered in said Surrogate’s Court on the 4th day of November, 1908, affirming a decree taxing under the Transfer Tax Law certain savings bank trust fund's. William P. Pierce, a resident of the city of Clean, in Cattaraugus county, died intestate on the 14th day of April, 1908, leaving him surviving his- wife and three children, all of full age.
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Appeal by Byron A. Pierce and another, as administrators, etc., from a decree of the Surrogate’s Court of the county of Cattaraugus, entered in said Surrogate’s Court on the 4th day of November, 1908, affirming a decree taxing under the Transfer Tax Law certain savings bank trust fund's. William P. Pierce, a resident of the city of Clean, in Cattaraugus county, died intestate on the 14th day of April, 1908, leaving him surviving his- wife and three children, all of full age. He made deposits of money's in various savings banks in the State of Massachusetts. The deposits were in form as…
1Opinion of the Court
Kruse, J.:
We agree with the learned surrogate that if these savings bank deposits were mere tentative trusts, revocable by the deceased, the . depositor, during his lifetime, they are taxable under the Transfer Tax Law, although the trust became absolute and irrevocable upon the death of the depositor. The Transfer Tax Law imposes a tax upon th¿ transfer,of property when made in contemplation of the death of .the transferor, or intended to take effect in possession' or enjoyment at or after his death. (Tax Law [Laws of 1896, chap. 908] § 220, as amd. by Laws of 1905, chap. 368.)
It is…
2Cases cited2 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- In re RandallAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by10 opinions
- Stockert v. Dry Dock Savings InstitutionAppellate Division of the Supreme Court of the State of New York · 1913
- Hessen v. McKinleyAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Estate of ReedNew York Surrogate's Court · 1915
- In Re Mayer's EstateMontana Supreme Court · 1940
- In re the Assessment of the Transfer Tax Against the Estate of KlineNew York Surrogate's Court · 1909
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