In Re the Appraisal Under the Collateral Inheritance Tax Act of Property of Curtis
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made November 6,1893, which reversed in part, and in other respects affirmed, an order of the Surrogate’s Court of the county of New York, assessing and fixing the collateral inheritance tax on property passing under the will of Clarissa E. Curtis, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made November 6,1893, which reversed in part, and in other respects affirmed, an order of the Surrogate’s Court of the county of New York, assessing and fixing the collateral inheritance tax on property passing under the will of Clarissa E. Curtis, deceased. The facts, so far as material, are stated in the opinion. Under section 2 of chapter 483, Laws of 1885, the tax upon the remainders herein became due and payable immediately upon the death of the testatrix. (In re Knoedler, 140 N. Y. 380 ; Crooke…
1Opinion of the CourtFinch, J.
The testatrix, by the terms of her will, created a group of trusts for the benefit of her two daughters and two named grandchildren, each trust running for the life" of the beneficiary; and then devised and bequeathed remainders over to such of her named nephews and nieces as should be living at the time of the Successive termination of each of such trusts, or if any such beneficiaries should then be dead, to their then living issue. There was a power of sale given to the executors, but no explicit or imperative command to sell, and the intention of testatrix in that respect is left open to…
2Cases cited1 opinion
- Matter of Estate of SwiftNew York Court of Appeals · 1893
3Cited by46 opinions
- New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
- In Re the Appraisal for Taxation of a Portion of the Estate of SeamanNew York Court of Appeals · 1895
- In Re the Transfer Tax Upon the Estate of PellNew York Court of Appeals · 1902
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
- In Re the Transfer Tax Upon the Estate of HoffmanNew York Court of Appeals · 1894
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