99 N.Y.S. 740 | N.Y. App. Div. | 1906
The only question presented upon this appeal is whether the surrogate of the county of New York liad jurisdiction in this proceeding. The decedent was a resident of the State of Connecticut and his estate was there administered. He owned capital stock in various corporations whose principal places of business were in the counties of New York, Albany, Rensselaer and Saratoga. He had no other property in the State of New York, except certain real
The other question presented is as to the value of the estate assessed in Buffalo. It appeared that the devisee of the real property had sold the property for $1,600, and that was the best price that she could obtain. I think that to fix the value of that real property at $2,860, instead of the- price at which the property actually sold, was imjust. Certainly the evidence of a real estate appraiser, who testifies to an opinion of the value of the proj)erty, is not sufficient to overcome an actual sale where the evidence is that diligent efforts had been made to sell the property and the price at which it was sold was the best that could be obtained.
The order should be modified by reducing the assessment of the
O’Brien, P. J., McLaughlin, Clarke and Houghton, JJ., concurred.
Order modified as directed in opinion, and as modified affirmed, with ten dollars costs and disbursements to appellant. Settle order on notice.
Tax Law, art. 10, as amd.— [Rep.
Code Civ, Proc. chap. 18, tit, 5.— [Rep,