Legal Opinion

In re the Estate of Dwyer

New York Surrogate's Court

Decided October 22, 1932PublishedCited by 3 opinions

1Opinion of the Court

Foley, S.

The administrators appeal from the order fixing the estate tax upon three grounds. The first and principal ground of appeal involves the taxation of three mortgages acquired by the decedent and his wife in their joint names and retained by them at the time of the death of the decedent. He died on the 30th day of December, 1930. The mortgages were acquired before the taking effect of the new Estate Tax Law. The State Tax Appraiser has reported the entire value of these mortgages as taxable in the estate and the order appealed from has fixed the tax accordingly. The administrators…

2Cases cited4 opinions

  1. Tyler v. United StatesSupreme Court of the United States · 1930
  2. In Re the Transfer Tax Upon the Estate of McKelwayNew York Court of Appeals · 1917
  3. In Re the Transfer Tax Upon the Estate of PellNew York Court of Appeals · 1902
  4. In Re the Transfer Tax Upon the Estate of KaneNew York Court of Appeals · 1928

3Cited by3 opinions

  1. Louden v. Iowa State Tax CommissionSupreme Court of Iowa · 1958
  2. In re the Estate of DwyerNew York Surrogate's Court · 1933
  3. In re the Estate of FornessNew York Surrogate's Court · 1956

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