In re the Estate of Singer

Appellate Division of the Supreme Court of New York

In re the Estate of Singer

19 A.D.2d 616, 241 N.Y.S.2d 207, 1963 N.Y. App. Div. LEXIS 3532

Appellate Division of the Supreme Court of the State of New York·Decided June 25, 1963·Published

Opinion

Order entered October 4, 1962, adjudging improper the inclusion in the estate of Paris G. Singer, deceased, a nonresident, of real property located in New York over which he exercised a power of appointment, unanimously modified, on the law, to the extent of striking ihe second decretal paragraph, and, as so modified, affirmed, with $20 costs and disbursements to respondent. It is not within the jurisdiction of the Surrogate’s Court to order the State Tax Commission to refund any part of the tax paid. The remedy is a proceeding under article 78 of the Civil Practice Act. (Matter of Shepard, 225 App. Div. 782.) Concur — Breitel, J. P., Rabin, McNally, E'ager and Steuer, JJ.

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Order entered October 4, 1962, adjudging improper the inclusion in the estate of Paris G. Singer, deceased, a nonresident, of real property located in New York over which he exercised a power of appointment, unanimously modified, on the law, to the extent of striking ihe second decretal paragraph, and, as so modified, affirmed, with $20 costs and disbursements to respondent. It is not within the jurisdiction of the Surrogate’s Court to order the State Tax Commission to refund any part of the tax paid. The remedy is a proceeding under article 78 of the Civil Practice Act. (Matter of Shepard, 225 App. Div. 782.) Concur — Breitel, J. P., Rabin, McNally, E'ager and Steuer, JJ.

In re the Estate of Singer, 19 A.D.2d 616, 241 N.Y.S.2d 207, 1963 N.Y. App. Div. LEXIS 3532 (N.Y. Ct. App. 1963).

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19 A.D.2d 616 (In re the Estate of Singer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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