In re the Estate of Peck
New York Surrogate's Court
The deceased, by her will, bequeathed $500 to the Board of Home Missions of the Presbyterian Church in the United States of America, and $500 to the Board of Foreign Missions of the same church, and the question has been' presented as to whether these legacies are subject to taxation, by reason of their amounts, under the Collateral Inheritance act. Other questions are also submitted.
1Opinion of the Court
The Surrogate.
The first question to be consid*202ered is whether the bequests of $500 are subject to the tax. By the first section of the act (chap. 713, Laws of 1887), it is provided that the estate bequeathed to any person or corporation, not exempt, “shall be and is subject to a tax of five dollars on every hundred dollars of the clear market value of such property,.....provided that an estate which may be valued at a less sum than five hundred dollars shall not be subject to such duty or tax.” By the fourth section the tax is made due and payable at the death of the decedent. By the…
2Cases cited1 opinion
- Thorn v. . GarnerNew York Court of Appeals · 1889
3Cited by2 opinions
- In re the Estate of UnderhillNew York Surrogate's Court · 1890
- In re the Estate of SkillmanNew York Surrogate's Court · 1894