Legal Opinion

In re Millward's Estate

New York Surrogate's Court

Decided January 15, 1894PublishedCited by 8 opinions

Appeal by the executor from the decree fixing the transfer tax.

1Opinion of the Court

Coffin, S.

—The appraiser was entirely right in declining to hear evidence in regard to the debts of the deceased, the funeral expenses, and expenses of administration. The Court of Appeals held in Re Swift, 137 N. Y. 77-87, 50 St. Rep. 81, which arose under the act of 1887, that “manifestly, under the law", that which is to be reported by the appraiser for the purpose of the tax is the value of the interest passing to the legatee under the will, without any deduction for any purpose.” This supports the view taken on the subject by this court in Be Ludlow, 4 Misc. Rep. 594, under the act of…

2Cases cited2 opinions

  1. Matter of Estate of SwiftNew York Court of Appeals · 1893
  2. Estate of LudlowNew York Surrogate's Court · 1893

3Cited by8 opinions

  1. Kennedy v. McDougalCalifornia Supreme Court · 1910
  2. In re the Appraisal of the Property of EdgertonAppellate Division of the Supreme Court of the State of New York · 1898
  3. In re the Transfer Tax upon the Estate of MaverickAppellate Division of the Supreme Court of the State of New York · 1909
  4. State ex rel. Gage v. Probate CourtSupreme Court of Minnesota · 1910
  5. In re Edgerton's EstateAppellate Division of the Supreme Court of the State of New York · 1898

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