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PAGE.
PAR. 114. Increase accruing after decedent's death...
84
115. Bequest for burial plot.....
116. Interest or share of a decedent in an undistributed estate. 84
117. Legacy to executor, subject to a trust.....
85
118. Legacy-given in consideration of a home....
119. Absolute bequest with precatory words in favor of ex-
empt corporations...
120. United States bonds between May 1, 1892, and March
21, 1898......
86
121. Stocks pledged as collateral to a loan.
122. Legacy to a brother chargeable on land...
123. Articles mentioned in section 2713 of the Code......
124. Proceeds of gratuity fund of New York Produce Ex-
agreement
125. Fund provided by will to pay annuity created by trust
.......
126. Real property without this State not taxable.....
127. Legacy to be taxable must be paid from property of dece-
dent
......
128. Legacy to a corporation not in existence...
129. Legacy is a naked right until reduced to possession..
130. Transfer of property by ante-nuptial agreement..... 90
131. Property transferred by reason of contract obligation,
held not taxable.
Advancements
90
91
92
133. Id.; when provisions of decedent's will cancel the ad-
vancement
134. Id.; when loans and not gifts.....
135. When unused income is part of original testator's estate.
136. Remainders and reversions under the earlier law.......
137. Chose in action—when taxable...
Widow's dower not taxable.....
140. Costs of monument, etc., incurred by executor...
141. Stock belonging to wife, pledged to secure loan for hus-
band's benefit, are no part of his estate.....
142. Bequest to charitable corporation to be formed after
decedent's death....
143. Bequest to a church for masses-not taxable...
144. Legacy to unincorporated charitable associations..
145.
146. Id.; does not attach to a remainder in fee not reduced to
possession in wife's lifetime...
93
94
95
96
... 97
99
98
.....
CHAPTER V.
TAXABLE TRANSFERS, § 220, TAX LAW-IN CONTEMPLATION
OF DEATH OR INTENDED TO TAKE EFFECT AT OR AFTER
DEATH.
--
PAR. 147. The general subject.....
148. Gifts made in contemplation of the death of the donor,
etc
101
....
.... 102
149.
Gifts inter vivos · - joint access to property by donor and
donee
102
...
150. Id.; deed returned to grantor to be recorded does not
affect the gift.......
151. Id.; circumstances showing valid gift.
152. Id.; memoranda in support of....
103
104
153. Id.; failure for want of delivery trust will not be im-
---
plied
105
154. Id.; evidence insufficient to establish..
155. Id.; power reserved to donor to revoke a trust deed, not
sufficient evidence of intent not to be made an absolute
transfer ...
.. 106
156. Distinction between gifts inter vivos and causa mortis.. 107
157. Literal construction of the statute not intended........ 108
158. To what the words "In contemplation of death," refer.. 110
159. Gifts in contemplation of death-proof, etc..... 110
160. Id.; burden of proof- circumstantial evidence....
111
161.
Id.; gift of property to son on condition that he provides
for donor's family when transfer in contemplation of
death ....
... 111
162. Id.; facts showing gifts "in contemplation of death".. 112
Id.; grantee must have notice of proceedings....
113
Gifts not made in contemplation of death of donor... 114
Id.; - by deed not "in contemplation of death".... 116
Gifts taking effect "at or after the donor's death"..
Id.; when a trust deed does not constitute an absolute
........
118
gift ....
168. Id.; where donee only survived the donor three days.... 121
169. Id.; upon conditions or agreement.....
121
170. Id.; where deed is not to be delivered to grantee until
after grantor's death
171. Id.; interest in fund retained by grantor in trust deed is
taxable at her death......
... 123
172. Id.; agreement to pay dividends to donor- taxable
transfers
124
PAR. 173. Gifts- not made to take effect at or after donor's death. 125
174. Vested interests although will contain no words of pres-
ent gift
129
175.
Gift-agreement to care for donor for life......
130
176.
Id.; when conveyance on covenant to support grantor not
subject to transfer tax...
177. When the transfer of decedent's right, title and interest
in real property by trust deed is complete............ 131
178. Assignment of insurance policies not a taxable transfer.. 133
179. Where title under trust deed may vest absolutely in
donor's life not a transfer to take effect at or after
death
... 134
180. Trust deed—when not evidence of devise to evade the
statute
136
CHAPTER VI.
TAXABLE TRANSFERS, § 220, TAX LAW - POWER OF APPOINT-
MENT.
PAB. 181. Source of title by exercise of power of appointment.... 138
186. The execution of the power gives the grantee the property
passing under it.......
142
143
187. Powers created by deed....
188. When appointee can elect to take under the exercise of
the power, or under the former will or deed.......... 146
189. Time of payment is when the power of appointment is
exercised
.... 147
190. Erroneous payment cannot be considered a payment made
"in advance"
149
191. When the power is deemed to have been exercised...... 151
192. Exercise of power, which merely continues the remainder
where it was vested under the will creating the power,
is not a taxable transfer......
154
193. Taxability of transfer where funds over which power is
exercised are without this State....
194. When remaindermen not bound by acts of life tenant —
failing to exercise power....
159
195. When tax on transfers under a power will be paid from
the donee's residuary estate......
196. Failure to exercise power-equitable conversion...... 160
160
absolute fee
198. Rights acquired prior to enactment of statute, although
PAR. 197. When grantee with power to dispose, is entitled to an
161
contingent
-
not affected....
162
199. The Cooksey and Lansing cases, 182 N. Y., 92 and 238
Right of appointee to elect...
200. Distinction between the Cooksey and Lansing cases.... 166
201. Appointee should be notified of intention to appraise
trust fund subject to appointment.
166
202. Election by appointee....
167
203.
Election not assumed in absence of evidence..
204.
The right to exercise a power of appointment does not
prevent the vesting of a future estate, limited in de-
fault of appointment.......
.... 168
205.
Effect of diminishing vested interests subject to exercise
of power of appointment.....
170
206. When power is exercised by a resident, situs of property
immaterial
171
207. Power exercised by nonresident decedent over funds in
this State
When power is exercised as to part of trust fund only.. 173
Whether power is exercised by will of nonresident, is to
be determined by the laws of this State......
When power of donee to appoint is limited.......
174
212.
213.
Transfers by appointment under various wills considered. 175
Decision affecting transfers upon the exercise of power
of appointment
'When the transfer is by will or intestate law, of property within
the State, and the decedent was a nonresident of the State at the time of
his death." Subdivision 2, section 220, supra.
PAR. 215.
Constitutionality of the act.....
216. History of the law....
195
197
PAR. 217. Section 15 of chapter 713, Laws of 1887, relating to the
jurisdiction of the surrogate is constitutional........ 199
Jurisdiction of the surrogate...
218.
219. Id.; where decedent owned both real and personal prop-
erty in this State......
200
201
220. Residence of decedent-practice where issue in respect
thereto was raised on application for an appraiser.... 202
221. Id.; practice where question of residence is raised before
the appraiser ..
202
222.
Id.; residence must be determined by the surrogate, be-
fore he can compel the executor to testify as to all of
dcedent's property
... 203
223.
Id.; surrogate can appoint a referee to determine dece-
dent's residence
... 204
224. Id.; surrogate may, however, determine residence from
the report of the appraiser.....
205
206
225. Id.; statement of deceased as to his residence.....
226. Id.; voting - does not establish a continued residence... 207
227. Id.; the avowed intention of constant residence consti-
tutes domicile .....
228. Id.; will not conclusive as to residence...
208
209
229.
When probate proceedings and judicial settlement and
distribution in another State, prior to transfer tax pro-
ceedings in this State, are a bar thereto.......
230. Recognition of laws of other States respecting distribu-
.... 211
tion, etc
231. Property of decedent where community law prevails.... 211
232. Where husband is statutory trustee of wife's property
and entitled to a life estate therein......
233. Right of foreign executor to apply decedent's property in
payment of legacies.....
234. Appraiser could not assume that executor would apply
the property in this State pro rata in paying legacies.. 215
235. Foreign administrators cannot elect to apply the assets
within this State so as to avoid a transfer tax...
236. Property of nonresident not taxable when exceeded by
debts due residents of this State.....
237. When pledged property not taxable satisfies debts, prop-
erty clearly taxable cannot be offset against said debts. 219
238. Deduction of debt of nonresident due New York creditors
217
secured by pledge of taxable and nontaxable securities. 220
239. Executors cannot elect to pay debts owing nonresident
creditors and annuities, wholly out of property in this
State
240. Foreign executors have the right to appeal..
221
222