New York Court of Appeals
In the Matter of the Appraisal, Under the Transfer Tax Act, of the Estate of Janet S. Lansing, Deceased. Janet L…
June 13, 1905182 N.Y. 238
Summary
The Court affirmed the lower courts, holding that the transfer tax does not apply to the portion of Thomas Suffern's estate that passed to Janet Lansing McYickar because the power of appointment exercised by her mother was a nullity that effected no transfer, and the interest vested before the enactment of the transfer‑tax statute. The dissent argued that the remainder was contingent and that the tax should be imposed.