TaiLexi AI U.S. Case Law

In re the Appraisal Under the Transfer Tax Acts of the Property of Roebuck

Matter of the Appraisal Under the Transfer Tax Acts of the Property of Samuel Roebuck

In re the Appraisal Under the Transfer Tax Acts of the Prop. of Roebuck, 79 Misc. 589 (N.Y. Sur. Ct. 1913)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
New York Surrogate's Court · State Specialty Courts
Decided
February 15, 1913
Judges
Ketcham
Citations
79 Misc. 589
Headnotes
Taxes — transfer tax — “ lineal descendants ” — illegitimate children. The children of a decedent’s illegitimate daughter, though born in lawful wedlock, are not his "lineal descendants,” and legacies to said children are taxable at the rate of five per cent.
Summary
Appeal from an order assessing and fixing the transfer tax.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Ketcham

Text extracted by OCR from a scanned original; check the original for exact wording.

Ketcham, S.

Question is made as to the rate of taxation upon legacies to children of the decedent’s illegitimate daughter who themselves were bom in lawful wedlock.

The order appealed from is right, unless these children of the daughter are lineal descendants of the decedent under the provision which prescribes one per centum, as the rate of taxation upon transfers to'“any lineal descendant of such decedent * * * bom in lawful wedlock.” Tax Law, § 221.

“A lineal descendant is one who is in the line of descent from a certain person.” But the line of descent is not merely derived from the communication of blood by animal generation. “ The line of descent is the course that property takes according to law when the owner dies.” Matter of Beach, 154 N. Y. 242 ; Matter of Cook, 187 id. 253, 261 .

These cases forbid the argument, made in behalf of the legatees, that the words “ lineal descendants ” in the statute-cited supra are not used in their legal and technical sense. *590 Under these authorities, there is no line of descent between the decedent and these' legatees and they cannot be his descendants.

The order in this respect, is affirmed.

Order .affirmed..

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1919: 11947: 11950: 119192026peak 1919 · 1

Relies on it most ⓘ

  1. In re the Estate of Foster108 Misc. 604 (N.Y. Sur. Ct. 1919)
  2. Kellogg v. Trubee272 A.D.2d 950 (1947)
  3. In re the Accounting of Watson199 Misc. 339 (N.Y. Sur. Ct. 1950)

Most recent

  1. In re the Accounting of Watson199 Misc. 339 (N.Y. Sur. Ct. 1950)
  2. Kellogg v. Trubee272 A.D.2d 950 (1947)
  3. In re the Estate of Foster108 Misc. 604 (N.Y. Sur. Ct. 1919)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
In re the Appraisal of the Estate of Beach, 48 N.E. 516 (N.Y. 1897) 28

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list