From Casetext: Smarter Legal Research

Matter of Dean

Surrogate's Court of the City of New York, Kings County
Nov 17, 1927
131 Misc. 125 (N.Y. Surr. Ct. 1927)

Opinion

November 17, 1927.

William C. Foster, for the administratrix.

Harry M. Peyser [ Seth T. Cole of counsel], for the State Tax Commission.


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 A.D. 835; Matter of Storum, Id. 472; Matter of Schaeffer, 130 Misc. 436; Matter of Meenan, N YL.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.


Summaries of

Matter of Dean

Surrogate's Court of the City of New York, Kings County
Nov 17, 1927
131 Misc. 125 (N.Y. Surr. Ct. 1927)
Case details for

Matter of Dean

Case Details

Full title:In the Matter of the Estate of FRANK DEAN, Deceased

Court:Surrogate's Court of the City of New York, Kings County

Date published: Nov 17, 1927

Citations

131 Misc. 125 (N.Y. Surr. Ct. 1927)
225 N.Y.S. 543

Citing Cases

U.S. Trust Co. v. Helvering

98 F.2d 734. State courts have differed as to whether proceeds of War Risk Insurance are subject to death…

Matter of O'Brine

That apparently contrary conclusions may have been reached under the applicable statutes in other States is…