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when decedent's interest in mortgage on real estate in this State
not taxable

251

.....

where property in this State is less than debts due residents of
this State

217

TAXABLE TRANSFERS BY:

bonds and money left with decedent's attorney in this State..260, 263
bonds of New York corporations, if here at decedent's death.. 264
bonds pledged, taxable if redeemed....

....264, 265

both registered and coupon bonds of foreign corporations are

taxable if here.....

certificate of deposit....

...228, 264

244

debts owing by a resident, to a nonresident decedent..... 59, 239
deposit with brokers to protect a margin......

60

deposit with trust company although certificates therefor are
without this State.....

59

.....

distinction between property passing by appointment, and dece-
dent's property transferred by the same will.....
legacy to legatee who dies before receiving it, when taxable....
legacy to a nonresident beneficiary is taxable....

254

233

261

loans made by a partner to his firm.....

262

money deposited by a creditor to pay a debt due a nonresident,
when taxable

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notes and bonds secured by real estate without this State, are

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the Act of 1887 applied to the property of an intestate..
when first taxable

197

41

where community law prevails..

211

where husband is statutory trustee of wife's property..

213

where transaction shows the relation of debtor, instead of agent. 259

(See Appraisal; Appraiser; Surrogate; Transfers

-

- Non-

taxable and Taxable Transfers; Transfer Tax.)

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to be given State Comptroller by safe-deposit companies and

others (§ 227, Tax Law)..

penalty for failure to give.....

398

...

398

.510, 513

513

362

364

OFFSET:

0.

when pledged property not taxable satisfies debt, property
clearly taxable cannot be offset against said debts.... .... 219

OMITTED SECTIONS AND PROVISIONS:

by the Act of 1905:

former section 226 relating to "deferred payments

66

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provision in former section 230 relating to appraising trans-
fers depending on a contingency immediately, or as soon
thereafter as practicable ".

442

provision of former section 230 taxing estates which vested
prior to June 30, 1885......

443

provision in former section 235 relating to "compromise of

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332

word "penalty" omitted from title of section 223....
words "heretofore or hereafter" omitted from section 221
specifically exempting bishops and certain corporations.. 272
by chapter 88, Laws of 1898:

from former section 242 the words "over which this State

has any jurisdiction for the purpose of taxation "....228, 588
by chapter 62, Laws of 1909, the provision in reference to ap-
praisers continuing under old designations prior to 1901 was
omitted as obsolete....

ONE PER CENT. CLASS:

section 221 of the Tax Law...

who included in.

390

271

274

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not more than two transfer tax clerks in (§ 234, Tax Law)..

....

567

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meaning of phrase as of course" in entry of.....
modification of upon error of fact....

directing payment in district attorney proceedings..
fixing tax is an entirety....

...

interest of beneficiaries under....

may be corrected when made under mistake of fact.

66

575

548

515

554

512

553

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(See Appeals; Modification of Order; Surrogate.)

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in foreign State does not affect the taxability here....

PAYMENT OF TAX — Continued:

PAGE.

from residuary estate....

324

when direction to pay tax from residuary estate applies to

all gifts

325

.....

323

320

323

472

322

322

322

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when tax on trust estate to be paid from corpus of fund.. 326
when tax on trust estate to be paid from income on residu-

.....

ary estate
proceedings to compel; not to be instituted until after eighteen
months from accrual (§ 235, Tax Law).
sale of what property to pay..

......

....

to county treasurers, in counties where appraiser is not sal-
aried

.... 326

569

342

.315, 320

to State Comptroller, in counties where appraiser is sal-
aried

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under power of appointment, when power is exercised....

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when fair market value of transfer cannot be established; when....

to be paid.......

315

when order should relieve executor from liability to pay tax........ 344
who personally liable for.....

334

(See District Attorney Proceedings; Transfer Tax.)

PENALTY:

for nonpayment of tax (§ 222, Tax Law).

326

liability of banks and certain corporations to incur (§ 227,
Tax Law).......

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of nonresident decedents, when first taxable...

of nonresident not removed until after Act of 1892..

of resident, is taxable wherever situated....

even though administered upon by a foreign executor...
tenancy by the entirety does not apply to......

PAGE.

41

261

46

47

78

41

when first taxable, passing to one per cent. class..

·PLEDGED PROPERTY:

deduction of debt of nonresident due New York creditors secured

by pledge of taxable and nontaxable securities....

220

title is in pledgee and not taxable......

.86, 266

when redeemed by executor then liable to tax..
when pledged property not liable satisfies debt, property clearly
taxable cannot be offset against said debt...

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appointee must accept or reject will exercising power, as an en-
tirety.....

... 189

appointee should be notified of intention to appraise trust fund.. 166
attempt to exercise, when not a taxable transfer........
154
character of property (real or personal) at time of exercise of,
determined taxability

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contingent right acquired prior to the statute not affected...... 162
Cooksey and Lansing cases - right of appointee to elect....162-164

(see also pp. 151-157.)

cases following the Lansing case....

.164-166

cases following the Cooksey and Lansing cases..
distinction between the Cooksey and Lansing cases.

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ment in will of nonresident and the property of the nonresi-
dent transferred by the same will....

254

effect of conferring a general power...

138

exercised....

effect of diminishing vested interests subject to appointment...
equitable conversion, could not be invoked when power was not

erroneous payment on remainder subject to, not a payment made
"in advance "

execution of the power gives property to appointee...

170

.... 160

149

140

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