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2. The tax is upon the right of succession under a will, or
devolution in case of intestacy..
4.
Provisions of the act declared constitutional....
5. Constitutionality of chapter 41, Laws of 1903...
6. Chapter 41, Laws of 1903 did not change the rule that
the aggregate estate determines whether the transfer
is taxable or not..
2345
... 13
7. Subdivision 5 (now sub. 6) of section 220 of the Trans-
fer Tax Law held constitutional by the United States
Supreme Court
8. Provisions creating different rates of taxation, and taxing
transfers by trust deed where life estate therein is re-
served to grantor, are constitutional...
14
... 15
.....
9. Unconstitutional provisions: Chapter 76 of the Laws of
1899, amending section 230 of the Act of 1896.....
Effect of the repeal of the Act of 1885.....
16
10.
17
11.
Amendments are not retroactive unless stated to be....
12. Corresponding sections of former acts relating to tax-
18
able transfers
19
14.
13. Amendments by chapter 368, Laws of 1905....
Amendments since June 1, 1905, to June 1, 1909, in-
clusive
21
23
CHAPTER II.
THE GENERAL SUBJECT CONTINUED.
-
PAR. 15. Meaning of the word "transfer "
16. When the transfer takes place....
terests
17. When transfer takes place in respect to contingent in-
PAGE.
PAR. 18. When transfer assumed to have been made within this
31
24. Meaning of provision "when person becomes beneficially
entitled," etc
25.
Meaning of the word " estate" prior to Act of 1892.... 31
26. To what the word deed" refers to in this act..
27. The term "Intestate Law".
29.
28. Intestate Law-distribution among collaterals.
Equitable conversion could not be invoked...
Where legatee dies before conversion takes place.....
Renunciation of legacy - tax is then upon the ultimate
devolution
30.
31.
32
34
35
32. Assignment of legacy rate of tax not affected by.... 36
36.
37.
The word " property" is not limited to the definition
thereof under the General Tax Law......
"Personal property" as defined by the Statutory Con-
struction Law.....
44
38. What shall be deemed assets of the estate.
39. When person becomes " 'beneficially entitled," etc...
40.
Money deposited in banks to pay debt owing to a non-
44. Note of legatee included in bequest of residuary estate..
45. Judgment in favor of decedent against heir or legatee....
46. Land dvised subject to a mortgage..
Interest of decedent in surplus fund in partition suit.... 48
Good will of business - good will defined.....
48
56. Bequest to the pastor of a Roman Catholic church for
masses - taxable
57. Bequest to a Roman Catholic church for masses-not
58. Bequest to a cemetery association for care of dece-
dent's burial plot-taxable.....
59. Legatee dying before receiving his legacy — when same
is taxable.......
50
51
53
60.
63.
Annuity to an executor and trustee is taxable.....
61. Insurance policy payable to decedent's executors, etc....
62. Shares of stock in joint stock association....
Stocks of foreign corporations.....
64.
65.
A bequest to the United States is taxable....
Legacy in payment of debt for services..
66. Legacy to the widow "in lieu of dower" is taxable....
67. Election between bequest and dower when widow dies
within the statutory year......
68. Seat or membership in New York Stock Exchange.....
69. United States bonds prior to Act of 1892, and after
March 21, 1898......
70.
Stock pledged as collateral to loan redeemed is tax-
able
71. Legacy absolute in terms—although shown by extrinsic
proof to be imposed with a trust....
75. Deposit with bankers to protect a margin..
76. Profits when taxable......
77. Leasehold interests in land....
78. Money loaned is not an advancement..
79. Fund held for grantor's life reserving power to dispose
of same by will.....
80. Saving bank deposits...
81. Id.; gifts cannot be inferred from the form of the deposit
alone
72. When a taxable bequest will be deemed created-law
phrases unnecessary..
73.
Debts owing by resident to nonresident decedent..............
74. Deposit with trust company although certificates there-
for are held without this State......
56
84.
PAR. 82. Id.; in trust, etc....
83. Id.; when widow of beneficiary not entitled to deposit..
Id.; death of beneficiary before deposit terminates tenta-
tive trust.....
85. Id.; presumption in respect to such deposits.
86. Id.; notice to the beneficiary.....
87. Id.; unequivocal act or declaration.
89. Id.; mother in trust for daughter....
90. Id.; evidence of cestui que trust as to personal transac-
tions not admissible..
63
64
65
66
68
69
70
71
92. Joint deposits - payable to either or the survivor.....
93. Id.; rights of survivor not affected by will of depositor
made subsequent to joint deposit.....
72
94. Id.; payable to either or the survivor of either....
95. Id.; burden of proof...
96. Id.; delivery essential to gift causa mortis...
73
98.
97. Joint accounts - husband and wife......
Id.; act of depositor creating right of survivorship...
99. Id.; presumption in such cases...
100. Id.; reference decisions.....
74
75
76
101.
Promissory note payable to husband and wife...
102. Bond and mortgage - held by husband and wife jointly.
103. Tenancy by the entirety does not apply to personal
104.
105.
property
When "tenants in common of the use
Agreement between partners does not create joint ten-
78
Taxability of an estate - what law determines....
Legacy in lieu of dower is not a debt of the estate.
Ante-nuptial agreement......
- transfer is taxable.......
110. Id.; agreement to convey by will — is a taxable transfer.
111. State Comptroller not a necessary party to action to en-
force ante-nuptial agreement..
TAXABLE TRANSFERS, § 220, TAX LAW PROPERTY AND
- -
INTERESTS NOT TAXABLE.
PAB. 112. Accrued rights - prior to Transfer Taz Law......
113. Estates vested prior to the Transfer Tax Law..
84