In re the Appraisal of the Property of King
Appellate Division of the Supreme Court of the State of New York
Appeal by Francis King and another, as surviving executors and trustees under the last will and testament of Henry W. King, deceased, from an order of the Surrogate’s Court of the county of New York, entered in said- Surrogate’s Court on the 14th day of February, 1902, affirming an order entered in said Surrogate’s Court on the 24th day of January, 1902, which confirmed the report of an appraiser fixing, upon a re-appraisal, the transfer tax upon the estate of Henry W. King,…
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Appeal by Francis King and another, as surviving executors and trustees under the last will and testament of Henry W. King, deceased, from an order of the Surrogate’s Court of the county of New York, entered in said- Surrogate’s Court on the 14th day of February, 1902, affirming an order entered in said Surrogate’s Court on the 24th day of January, 1902, which confirmed the report of an appraiser fixing, upon a re-appraisal, the transfer tax upon the estate of Henry W. King, deceased, with notice of an intention to bring up for review upon such appeal an intermediate order entered in said…
1Opinion of the Court
O’Brien, J.:
However desirous we may be to give a liberal. construction in order to uphold a levy under the Transfer Tax Act (Laws of 1896, chap. 908, art. 10, as amd.), we think there is an insuperable -objection to sustaining, the tax fixed in this proceeding. Ordinarily on the death of a member of a firm the legal title-to the assets of the firm vests in the surviving members, and what is left to the representatives of the deceased partner is the right to an accounting. (Williams v. Whedon, 109 N. Y. 333.) Assuming, however, but not deciding, that the decedent had a property interest in the…
2Cases cited3 opinions
- Williams v. . WhedonNew York Court of Appeals · 1888
- People Ex Rel. Hecker-Jones-Jewell Milling Co. v. BarkerNew York Court of Appeals · 1895
- People ex rel. Bijur v. BarkerAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by7 opinions
- In re the Transfer Tax on the Estate of BrooksNew York Surrogate's Court · 1922
- McDougald v. LowCalifornia Supreme Court · 1912
- In re the Transfer Tax upon the Estate of GrosvenorAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Estate of ColtNew York Surrogate's Court · 1925
- In re the Estate of BrowningNew York Surrogate's Court · 1916
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