180 N.Y. 300 | NY | 1905
Lead Opinion
The tax was imposed on the appellant as trustee under the will of Robert T. Clinch, deceased, upon the share of the residuary estate of Charles J. Clinch, the father of said Robert, which was paid over to the executor of Robert subsequent to his decease. Robert, at the time of his death, was a non-resident of this state, residing in Paris, France. At that time his father's estate had not been distributed. Subsequently distribution was had, and the executor of Robert received in satisfaction of his share of his father's estate specific securities. It is not questioned that the transfer from Charles to Robert was subject to a transfer tax; the controversy here relates solely to the transfer under Robert's will to his legatees. The learned counsel for the appellant contends *302
that at the time of Robert's death his interest in his father's estate was a mere chose in action, the situs of which was not this state, but at Robert's domicile in France; that hence that was not property within the state and subject to our inheritance laws, and that the action of the executor subsequent to Robert's death in receiving in satisfaction of that chose in action specific securities held in this state could not subject the property to our inheritance tax if it was not liable to the imposition of such a tax at the time of Robert's death. We may concede for the discussion all the appellant claims except the single proposition that a claim due a non-resident from a resident of this state is not property within this state subject to the imposition of our transfer tax. It is true that in the case of Matter of Phipps (77 Hun, 325; affirmed on opinion below,
The order of the Appellate Division should be affirmed, with costs.
Concurrence Opinion
I vote for affirmance and the opinion.
This court held in Matter of Zefita, Countess De Rohan-Chabot
(
In the case at bar the transfer tax was imposed after the amount of the residuary estate had been ascertained, and clearly falls within the law as laid down in the case cited. In the case before us the parties are also non-residents.
The nature of the interest of a residuary legatee prior to a final accounting of the executor was considered in Matter ofPhipps (77 Hun, 325; affirmed on opinion below,
CULLEN, Ch. J., GRAY, O'BRIEN, VANN and WERNER, JJ., concur with opinion and memorandum.
Order affirmed. *304