In re the Estate of Dean

New York Surrogate's Court

In re the Estate of Dean

131 Misc. 125, 225 N.Y.S. 543, 1927 N.Y. Misc. LEXIS 1230

CourtNew York Surrogate's Court

DecidedNovember 17, 1927

StatusPublished

Cited by5 cases

This text of 131 Misc. 125 (In re the Estate of Dean) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Estate of Dean, 131 Misc. 125, 225 N.Y.S. 543, 1927 N.Y. Misc. LEXIS 1230 (N.Y. Super. Ct. 1927).

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Opinion

Wingate, S.

The language used in section 303 of the World War Veterans’ Act, 1924 (43 U. S. Stat. at Large, 625, chap. 320, as amd. by Id. 1310, chap. 553), in eliminating the restrictions as to the permitted class of beneficiaries who may take war risk insurance proceeds (U. S. Code, tit. 38, § 514), compels the construction that unpaid monthly installments which “ shall be paid to the estate of the insured,” become assets of the" estate, distributable as such (except as to escheat) (Matter of Ryan, 129 Misc. 248; affd., 220 App. Div. 835; Matter of Storum, Id. 472; Matter of Schaeffer, 130 Misc. 436; Matter of Meenan, N. Y. L. J. Oct. 19, 1927), and that the provisions of the act exempting war risk insurance from taxation (43 U. S. Stat. at Large, 613, chap. 320, § 22; U. S. Code, tit. 38, § 454), do not exempt from the New York State transfer tax transfers of such proceeds from the estate of the deceased insured to those who may take in the distribution of such estate. (Plummer v. Coler, 178 U. S. 115; Matter of Schaeffer, supra.) The reasoning in Matter of Shaw (130 Misc. 440) and Tax Commission of Ohio v. Rife (Prentice-Hall Inheritance Tax Service, 1927-1929, vol. 2 [Ohio], p. 1009, ¶[ 1014) seems not in accord with the opinion in Plummer v. Coler (supra). The appeal must be dismissed.

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Wingate, S.

The language used in section 303 of the World War Veterans’ Act, 1924 (43 U. S. Stat. at Large, 625, chap. 320, as amd. by Id. 1310, chap. 553), in eliminating the restrictions as to the permitted class of beneficiaries who may take war risk insurance proceeds (U. S. Code, tit. 38, § 514), compels the construction that unpaid monthly installments which “ shall be paid to the estate of the insured,” become assets of the" estate, distributable as such (except as to escheat) (Matter of Ryan, 129 Misc. 248; affd., 220 App. Div. 835; Matter of Storum, Id. 472; Matter of Schaeffer, 130 Misc. 436; Matter of Meenan, N. Y. L. J. Oct. 19, 1927), and that the provisions of the act exempting war risk insurance from taxation (43 U. S. Stat. at Large, 613, chap. 320, § 22; U. S. Code, tit. 38, § 454), do not exempt from the New York State transfer tax transfers of such proceeds from the estate of the deceased insured to those who may take in the distribution of such estate. (Plummer v. Coler, 178 U. S. 115; Matter of Schaeffer, supra.) The reasoning in Matter of Shaw (130 Misc. 440) and Tax Commission of Ohio v. Rife (Prentice-Hall Inheritance Tax Service, 1927-1929, vol. 2 [Ohio], p. 1009, ¶[ 1014) seems not in accord with the opinion in Plummer v. Coler (supra). The appeal must be dismissed.

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131 Misc. 125, 225 N.Y.S. 543, 1927 N.Y. Misc. LEXIS 1230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-dean-nysurct-1927.

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