In Re the Transfer Tax Upon the Estate of Hallenbeck
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 7, 1921, which modified and affirmed as modified an order of the New York County Surrogate’s Court assessing a transfer tax upon the estate of Harry C. Hallenbeck, deceased. The decision made by the Appellate Division and the order appealed from is founded upon an erroneous conception of the law of pledge.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 7, 1921, which modified and affirmed as modified an order of the New York County Surrogate’s Court assessing a transfer tax upon the estate of Harry C. Hallenbeck, deceased. The decision made by the Appellate Division and the order appealed from is founded upon an erroneous conception of the law of pledge. (Wood v. Fisk, 215 N. Y. 233; Goelet v. Bank of America, 160 N. Y. 549; Smith v. Savin, 141 N. Y. 315; Fairbanks v. Sargent, 117 N. Y. 320; Warner v. Fourth Nat. Bank, 115 N.…
1Opinion of the CourtPound, J.
Harry C. Hallenbeck died a resident of New Jersey on April 11, 1918. He. owned in the state of New York a gross estate of upwards of $600,000. His net estate subject to tax as found by the surrogate was upwards of $475,000. His will was duly admitted to probate in the state of' New Jersey and ancillary letters testamentary were issued to respondent by the Surrogate’s Court of New York county. Twenty-five hundred shares of the stock of Hallenbeck-Hungerford Realty Corporation, a domestic corporation, of the appraised value of $142,750, had been pledged by decedent ■with U. T. Hungerford Brass…
2Cases cited7 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- In Re the Transfer Tax Upon the Estate of PenfoldNew York Court of Appeals · 1915
- Wood v. . FiskNew York Court of Appeals · 1915
- Smith v. . SavinNew York Court of Appeals · 1894
- Warner v. Fourth National BankNew York Court of Appeals · 1889
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3Cited by4 opinions
- City Bank Farmers' Trust Co. v. BowersCourt of Appeals for the Second Circuit · 1934
- City Bank Farmers' Trust Co. v. BowersDistrict Court, S.D. New York · 1932
- Palmer v. CommissionerUnited States Board of Tax Appeals · 1939
- Palmer v. CommissionerUnited States Board of Tax Appeals · 1939