Legal Opinion

In re the Estate of Adler

New York Surrogate's Court

Decided April 2, 1934PublishedCited by 4 opinions

1Opinion of the Court

Delehanty, S.

On this executors’ accounting it is necessary to determine how the burden of Federal and State estate taxes shall be borne.

A voluntary trust was created by deceased in her lifetime for the benefit of her daughter. The trust is still operative. Its capital is valued in the tax proceeding at $128,780.15. The daughter’s life interest in the trust is valued as of death of the grantor at $73,329. By the will of deceased her daughter receives a benefit which has been valued at $19,964.23. Under the Tax Law she is entitled to a $5,000 exemption in computing the tax payable on her…

2Cited by4 opinions

  1. In re the Accounting of PhippsNew York Supreme Court · 1946
  2. In re LarkinAppellate Division of the Supreme Court of the State of New York · 1936
  3. In re the Will of DurkeeNew York Surrogate's Court · 1944
  4. In re the Accounting of HalleNew York Surrogate's Court · 1944

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