New York Court of Appeals

In the Matter of the Appraisal, Under the Transfer Tax Act, of the Estate of Frederick Cook, Deceased. the…

January 22, 1907187 N.Y. 253

Summary

The Court of Appeals held that the transfer tax on the residuary estate, which was assigned to the widow, must be assessed at the five percent rate applicable to legatees, and that the legacy to Frederick Cook MacDonell, the grandson of an adopted daughter, is taxed at the one percent rate applicable to a child of the testator. It also interpreted the term “lineal descendant” to include heirs of adopted children.