128 N.Y.S. 768 | N.Y. App. Div. | 1911
The question in this case is whether a legacy of $5,000 to Cooper Union, given by a testator who died on the 21st day of November, 1901, is subject to a transfer tax. Cooper Union was incorporated by chapter 279 of the Laws of 1859, which authorized Peter .Cooper to convey'to the corporation. certain premises for the purpose of founding a public institution for the. purposes therein set forth. Section 11 provided: “The premises and property mentioned in the said deed and which shall at any time, belong to or be held in trust by the corporation hereby created ór the-trustees thereof, including all endowments made to it, shall not, nor shall any part thereof, be subject to.taxatión while the same shall be appropriated to the uses, intents and purposes hereby and in the said deed provided for.” The learned surrogate held, on the authority of, People ex rel. Cooper Union v. Wells (180 N. Y. 537), that the legacy was not taxable. ' 1
The order appealed from should be reversed, with ten dollars costs and disbursements,) and the order fixing the tax reinstated.
Ingraham, P. J., Laughlan, Clarke and Scott, JJ., concurred.
Order reversed, with jten dollars costs and disbursements, and order fixing tax reinstated. ■