Legal Opinion

In re the Transfer Tax upon the Estate of Borden

New York Surrogate's Court

Decided May 15, 1916PublishedCited by 7 opinions

Appeal from au -order 'assessing the transfer tax.

1Opinion of the Court

Fowler, S.—

The state -comptroller has appealed from the order assessing a tax in this estate, and contends that the appraiser erred in reporting that the decedent’s interest in the good-will of the firm of M. 0. D. Borden & Sons- did not con*497stitute an asset of the estate subject to taxation under the provisions of the Transfer Tax Law. This is the only question raised by the appeal. «

This matter concern^ only that subtle entity which is known to our modern jurisprudence as “ good-will.” In various common law countries the emergence of the legal conception of good-will has pursued different…

2Cases cited7 opinions

  1. Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898
  2. Menendez v. HoltSupreme Court of the United States · 1888
  3. In Re the Transfer Tax Upon the Estate of KeeneyNew York Court of Appeals · 1909
  4. In re the Taxation of the Estate of MillerAppellate Division of the Supreme Court of the State of New York · 1902
  5. In re Estate of SpauldingAppellate Division of the Supreme Court of the State of New York · 1900

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3Cited by7 opinions

  1. Coe v. WinchesterArizona Supreme Court · 1934
  2. Lawson v. Household Finance Corp.Supreme Court of Delaware · 1930
  3. In re the Accounting of Chase Manhattan BankNew York Surrogate's Court · 1961
  4. Lawson v. Household Finance CorporationSupreme Court of Delaware · 1930
  5. In re the Estate of BijurNew York Surrogate's Court · 1926

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