Legal Opinion

In re the Transfer Tax upon the Exercise of the Power of Appointment Conferred by the Last Will & Testament of Fearing

Appellate Division of the Supreme Court of the State of New York

Decided June 3, 1910PublishedCited by 2 opinions

Cross-appeals by Clark Williams, Comptroller of the State of New York, and George R. Fearing, individually and as sole surviving trustee, etc., from parts of an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 7th day of March, 1910, modifying a former order of the same court.

1Opinion of the Court

Soott, J.:.

These are cross-appeals from an order of the. surrogate fixing the amount of transfer tax to be paid in this proceeding. The ' *882important question which is presented by the appeal of the State Comptroller is as to the taxability of- certain property consisting "of debts secured by mortgages. Daniel B. Fearing, a resident of New York, died in 1870, leaving a will by which he created a trust for the benefit of his daughter, Amey R. Sheldon, during her life, with a power of appointment to her as to the principal of the trust estate to be exercised by her last will and testament. She…

2Cases cited4 opinions

  1. Blackstone v. MillerSupreme Court of the United States · 1903
  2. In Re the Appraisal for Taxation of the Property of BronsonNew York Court of Appeals · 1896
  3. In Re the Appraisal Under the Transfer Tax Act of a Certain Trust Fund Held by HarbeckNew York Court of Appeals · 1900
  4. In re the Appraisal under the Act Relating to Taxable Transfers of Property of the Estate of PrestonAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by2 opinions

  1. Gardner v. TriggArizona Supreme Court · 1942
  2. In re the Transfer Tax upon the Estate of LowellAppellate Division of the Supreme Court of the State of New York · 1924

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