TaiLexi AI U.S. Case Law

In re the Estate of Fischer

In the Matter of the Estate of Elizabeth Fischer

In re the Estate of Fischer, 132 Misc. 204 (N.Y. Sur. Ct. 1928)
Download
Format
Include

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

Court
New York Surrogate's Court · State Specialty Courts
Decided
January 12, 1928
Judges
Brien
Citations
132 Misc. 204229 N.Y.S. 8261928 N.Y. Misc. LEXIS 931

Opinion of the Court — Brien

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

O’Brien, S.

This is an application for an order vacating the pro forma order fixing tax heretofore entered, and declaring the estate exempt from transfer tax, on the ground that there has been included among the taxable assets the sum of $8,341.38, the proceeds paid to the executrix of the estate from the teachers’ retirement fund. The application is granted. The transfer of the said amount so received is exempt from tax. (Matter of Morrison, 130 Misc. 438 .) The contention of the State that the remedy of the executrix was by appeal, and not by motion, is without merit. Pursuant to section 20 of the Surrogate’s Court Act, the court may modify its order fixing tax where jurisdiction has been mistakenly assumed, and this even though the time to appeal has expired. (Matter of Putnam, 220 App. Div. 34 ; Matter of Scrimgeour, 80 id. 388; affd., 175 N. Y. 507 ; Matter of Coogan, 27 Misc. 563 ; affd., sub nom. People ex rel. Coogan v. Morgan, 45 App. Div. 628 ; affd., 162 N. Y. 613 .) Submit order on notice vacating the taxing order and declaring the estate exempt from transfer tax.

How later courts describe this case

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

1928: 11936: 11954: 11962: 11980: 119282026peak 1928 · 1

Relies on it most ⓘ

  1. Kirkwood v. Simpson275 P.2d 467 (Cal. 1954)
  2. Cranston v. Wyman208 Cal. App. 2d 489 (1962)
  3. In re the Estate of Fitzsimmons158 Misc. 789 (N.Y. Sur. Ct. 1936)
  4. No.(Colo. Att'y Gen. Apr. 9, 1980)
  5. In re the Transfer Tax upon the Estate of Fischer223 A.D. 887 (1928)

Most recent

  1. No.(Colo. Att'y Gen. Apr. 9, 1980)
  2. Cranston v. Wyman208 Cal. App. 2d 489 (1962)
  3. Kirkwood v. Simpson275 P.2d 467 (Cal. 1954)
  4. In re the Estate of Fitzsimmons158 Misc. 789 (N.Y. Sur. Ct. 1936)
  5. In re the Transfer Tax upon the Estate of Fischer223 A.D. 887 (1928)

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 6

DepthCaseCited by
In re Coogan, 27 Misc. 563 (N.Y. Sup. Ct. 1899) 36
In re the Appraisal of the Estate of Scrimgeour, 67 N.E. 1089 (N.Y. 1903) 22
Smith v. Pierce, 60 N.Y.S. 1011 (1899) 22
In re the Transfer Tax upon the Estate of Putnam, 220 A.D. 34 (1927) 21
People ex rel. Koch v. Odell, 57 N.E. 1107 (N.Y. 1900) 10
In re the Estate of Morrison, 130 Misc. 438 (N.Y. Sur. Ct. 1927) 9

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