In re the Judicial Settlement of the Account of Proceedings of Fraser

Untermyer, J. (dissenting).

The surrogate has decided that Trinity Securities Company, the appellant, has a valid claim against the estate of Edwin King Scheftel, deceased, for the sum of $20,000, with interest, the unpaid balance of a subscription for its stock by the deceased, but that this proceeding to enforce the claim cannot be maintained on account of non-payment of the license tax of sixty dollars imposed by section 181 of the Tax Law. It was not alleged by the executors, nor does the record suggest, that the amount of the tax had been determined by the State Tax Commission or that any…