Legal Opinion
In re the Estate of Penfold
New York Surrogate's Court
Decided July 15, 1913PublishedCited by 4 opinions
Appeal from a decree of the Surrogate’s Court fixing and assessing the transfer tax.
1Opinion of the Court
Fowler, S.
The question which this appeal presents for determination is, whether the inheritance tax imposed by a foreign state upon the succession to property located in such state but transferred by the will of a resident of this state should be deducted from the market value of such property by the transfer tax appraiser designated to appraise the value of the estate for the purpose of the transfer tax in this state.
The decedent, who was a resident of this state, died in 1912. Among the assets of her estate were shares of stock in foreign corporations. The respective states in which these…
2Cases cited3 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Knowlton v. MooreSupreme Court of the United States · 1900
- In Re the Estate of GihonNew York Court of Appeals · 1902
3Cited by4 opinions
- In Re the Transfer Tax Upon the Estate of PenfoldNew York Court of Appeals · 1915
- In re the Estate of PenfoldNew York Surrogate's Court · 1914
- In re the Appraisal of the Estate of HazardAppellate Division of the Supreme Court of the State of New York · 1919
- In re the Estate of WittmannNew York Surrogate's Court · 1920