Legal Opinion

In Re the Transfer Tax Upon the Estate of Penfold

New York Court of Appeals

Decided November 16, 1915PublishedCited by 9 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 21, 1915, which affirmed an order of the New York County Surrogate’s Court assessing a transfer tax upon the estate of William H. Penfold, deceased. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 21, 1915, which affirmed an order of the New York County Surrogate’s Court assessing a transfer tax upon the estate of William H. Penfold, deceased. The facts, so far as material, are stated in the opinion. No part of the amount represented by the taxes paid and to be paid by the executors to foreign states on securities in which the decedent had invested his property formed any part of any value of the decedent’s property passing to the beneficiary under his will; but, on the…

1Opinion of the CourtChase, J.

The principal question presented on this appeal is the same as the question presented on the appeal in Matter of the Estate of Josephine Penfold, deceased, the decision of which is handed down herewith. (Matter of Penfold, 216 N. Y. 163.) No further discussion of such question is required.

The appellant also claims that the transfer tax imposed upon portions of the estate of decedent by the courts of other states in enforcing the statutes of such other states should he allowed' as deductions from the clear market value of the estate of the decedent under the Transfer Tax Laws of this state.…

2Cases cited3 opinions

  1. In Re the Estate of GihonNew York Court of Appeals · 1902
  2. In Re the Transfer Tax Upon the Estate of PenfoldNew York Court of Appeals · 1915
  3. In re the Estate of PenfoldNew York Surrogate's Court · 1913

3Cited by9 opinions

  1. In Re Estate of MillerCalifornia Supreme Court · 1921
  2. Hazard v. Board of Tax CommissionersSupreme Court of Rhode Island · 1921
  3. In re the Appraisal for Taxation of the Estate of ShermanAppellate Division of the Supreme Court of the State of New York · 1917
  4. Bugbee v. RoeblingSupreme Court of New Jersey · 1920
  5. Security Trust Co. v. EdwardsSupreme Court of New Jersey · 1917

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