TaiLexi AI U.S. Case Law

In re Barbey's Estate

In re Barbey's Estate, 114 N.Y.S. 725 (N.Y. Sur. Ct. 1908)
Download
Format
Include

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

Court
New York Surrogate's Court · State Specialty Courts
Decided
November 11, 1908
Judges
Thomas
Citations
114 N.Y.S. 725
Headnotes
1. Trusts (§ 34*)—Deposits m Banks in Trust. One depositing in a savings bank his own money in trust for his children, unaccompanied by any contract obligation with reference to the deposit, or by a transfer to the children of the bank book, retains the Ownership of the deposit for life, with the right of withdrawal; and the children surviving him are only entitled to the balance of the deposit remaining at his death. [Ed. Note.—For other cases, see Trusts, Cent. Dig. § 44; Dec. Dig. § 34.*] 2. Taxation (§ 879*)—Transfer Taxes—Gifts. One depositing his own money in a savings bank in trust for his children thereby grants to them interests taking effect in possession or enjoyment at his death, and such interests are taxable under the transfer tax law. [Ed. Note.—For other cases, see Taxation, Cent. Dig. § 1702; Dec. Dig. § 879.*] 3. Taxation (§ 895*)—Transfer Taxes—Property Subject. Where the provisions in a will in favor of testator’s widow are stated to be in lieu of dower, and the widow elects to accept them, the estate is not to be diminished for purposes of taxation under the transfer tax law, by the value of her dower right. [Ed. Note.—For other cases, see Taxation, Dec. Dig. § 895.*]
Summary
In the matter of the estate of Henry I. Barbey, deceased. Heard on appeal from an order fixing the transfer tax.. Affirmed.

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

Opinion of the Court — Thomas

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

THOMAS, S.

The money deposited by the decedent in savings banks in form “in trust” for his several children was his own property. No contract obligation with relation to such deposits existed. No absolute transfers to the trust beneficiaries, by delivery of the bank books or otherwise, was shown; and it is not claimed that the fact of the deposits was made known by the decedent to the beneficiaries or any of them. Upon these facts the depositor retained a power to revoke the trusts at his pleasure by making withdrawals of money for his own use, and the rights of the beneficiaries are restricted to the balances remaining at his death. Matter of Totten, 179 N. Y. 112 , 71 N. E. 748 , 70 L. R. A. 711.

The depositor is also presumed to have intended that each trust shall come to an end and that the fund shall revert to his estate if the beneficiary does not survive him. Matter of U. S. Trust Co., 117 App. Div. 178 , 102 N. Y. Supp. 271 , affirmed 189 N. Y. 500 , 81 N. E. 1177 . In other words, the decedent reserved to himself all of the rights of ownership in the deposits until his death, and granted only interests “intended to take effect in possession or enjoyment at or after such death.” Such interests are identical with those passing by a will. The transfers are within the purpose and express language of the statute and they are taxable. Matter of Green, 153 N. Y. 223 , 47 N. E. 292 ; Matter of Brandreth, 169 N. Y. 437 , 62 N. E. 563 , *726 58 L. R. A. 148, reversing 58 App. Div. 575 , 69 N. Y. Supp. 142 ; Matter of Cornell, 170 N. Y. 423 , 63 N. E. 445 , modifying 66 App. Div. 162 , 73 N. Y. Supp. 32 ; Matter of- Bostwick, 160 N. Y. 489 , 55 N. E. 208 ; Matter of Skinner, 45 Misc. Rep. 559 , 92 N. Y. Supp. 972 ; Matter of Sharer, 36 Misc. Rep. 502 , 73 N. Y. Supp. 1057 .

The provisions made by the will in favor of the widow being expressly stated to be in lieu of dower, and the widow having elected to_ accept them, the estate is not to be diminished, for purposes of taxation, by the value of her dower right. Matter of Riemann, 42 Misc. Rep. 648 , 87 N. Y. Supp. 731 ; Matter of Gould, 156 N. Y. 423 , 51 N. E. 287 ; Matter of Wolfe, 89 App. Div. 349 , 85 N. Y. Supp. 949 , affirmed 179 N. Y. 599 , 72 N. E. 1152 .

The order appealed from must be affirmed. Settle order on notice.

How later courts describe this case

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

1911: 11914: 11917: 11918: 21919: 11922: 11923: 119112026peak 1918 · 2

Relies on it most ⓘ

  1. Nickel v. State177 P. 409 (Nev. 1919) · Dissent
  2. State ex rel. Pettit v. Probate Court163 N.W. 285 (Minn. 1917)
  3. In re Osgood's Estate173 P. 152 (Utah 1918)
  4. In re the Transfer Tax upon the Estate of Bolton121 Misc. 51 (N.Y. Sur. Ct. 1923)
  5. In re the Transfer Tax Upon the Estate of Stuyvesant8 Mills Surr. 153 (N.Y. Sur. Ct. 1911)
  6. State v. Lane203 S.W. 17 (Ark. 1918)

Most recent

  1. In re the Transfer Tax upon the Estate of Bolton121 Misc. 51 (N.Y. Sur. Ct. 1923)
  2. In re the Appraisal under the Transfer Tax Law of the Estate of Dunn118 Misc. 426 (N.Y. Sur. Ct. 1922)
  3. Nickel v. State177 P. 409 (Nev. 1919) · Dissent
  4. In re Osgood's Estate173 P. 152 (Utah 1918)
  5. State v. Lane203 S.W. 17 (Ark. 1918)
  6. State ex rel. Pettit v. Probate Court163 N.W. 285 (Minn. 1917)

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 14

DepthCaseCited by
In re the Accounting of Totten, 71 N.E. 748 (N.Y. 1904) 411
In re the Appraisal for Taxation, Under the Act in Relation to Taxable Transfers of Prop., of the Estate of Gould, 51 N.E. 287 (N.Y. 1898) 83
In re the Estate of Green, 47 N.E. 292 (N.Y. 1897) 54
In re the Estate of Brandreth, 62 N.E. 563 (N.Y. 1902) 49
In re the Transfer Tax Upon Certain Trusts Made by Bostwick, 55 N.E. 208 (N.Y. 1899) 39
In re the Transfer Tax upon the Estate of Wolfe, 89 A.D. 349 (1903) 35
In re the Appraisal, Under the Transfer Tax Act, of the Estate of Cornell, 63 N.E. 445 (N.Y. 1902) 21
In re the Judicial Settlement of the Account of Proceedings of the United States Trust Co., 117 A.D. 178 (1907) 21
In re the Appeal from the Order Fixing, Determining & Assessing the Transfer Tax on the Estate of Riemann, 4 Mills Surr. 208 (N.Y. Sur. Ct. 1904) 11
Larkin v. Treasurer of Westchester, 58 A.D. 575 (1901) 5
In re Estate of Cornell, 66 A.D. 162 (1901) 4
In re Assessing & Determining the Transfer Tax of the Estate of Sharer, 2 Mills Surr. 390 (N.Y. Sur. Ct. 1901) 3
In re the Appraisal of the Estate of Skinner, 4 Mills Surr. 437 (N.Y. Sur. Ct. 1904) 2
In re the Appraisal Under the Transfer Tax Law of the Estate of Wolfe, 72 N.E. 1152 (N.Y. 1904) 29

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