Miller v. Tracy
Appellate Division of the Supreme Court of the State of New York
Appeal from Surrogate’s Court, Onondaga County. Action by Nathan L. Miller, as comptroller of the state of New York, against William G. Tracy and another, as executors of George N. Kennedy, deceased. From an order of the Surrogate’s Court modifying an order or decree fixing the transfer tax in the matter of Kennedy’s estate, plaintiff appeals. Reversed.
1Opinion of the CourtWilliams, J.
The order,or decree of January 2.0, 1903, should be reversed, and that of March 5, 1902, affirmed, with costs to the appellant.
The principal question raised by this appeal is whether certain future contingent interests in the estate were taxable presently or only when the persons entitled thereto should come into the possession of the same. The surrogate at first, held the interests taxable presently, but on appeal reversed himself, and held they were not taxable until possession thereof was secured by the persons interested therein. This latter decision was based upon a construction of the…
2Cases cited2 opinions
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of VanderbiltNew York Court of Appeals · 1902
3Cited by2 opinions
- State v. MerrillWisconsin Supreme Court · 1933
- People v. LowensteinIllinois Supreme Court · 1918