Author: Joseph Fitz Randolph

Publisher: Theclassics.Us

Published: 2013-09

Total Pages: 70

ISBN-13: 9781230406602

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ... 4. "Charitable institutions" exempted from inheritance tax by the act of 1894, sec. 1, do not include a society incorporated to "collect and preserve" papers, drawings, &c., of local interest without any requirement of publicity or of opportunities for public use--although the society may give si: ch opportunities. 5. The fact that it is incorporated under the general act for "Societies for the promotion of Learning" does not make it "charitable," although educational purposes are charitable. 6. New York construction of similar sections is not followed because of the difference in jurisdiction of the New York Surrogate from that provided for in New Jersey in sec. 15 of the act of 1894. Hartman's Estate, 70 N. J. Eq. 684, 02 Atl. 500. Prerogative Court, 1900. Appeal from Morris County Surrogate. Held: 1. The wife of a New Jersey resident was legally a resident in New Jersey, although her original and ordinary actual residence was in New York, and her property was situated there. Her estate is liable as that of a resident in New Jersey for inheritance tax, including personal property in New York, which had been already taxed in New York under a similar inheritance tax act. 2. That her will was probated only in New York does not deprive the New Jersey Surrogate of jurisdiction under the act of 1894. 3. The taxable amount is not affected by increase or decrease of value after the testator's death, since it is made, "due and payable at the death of the testator" by sec. 4. Rothschild's Estate, 71 N. J. Eq. 210, 03 Atl. 015. Prerogative Court, 1900. Appeal from Monmouth County Orphans Court. Held: 1. Jurisdiction of the Prerogative Court in this appeal is assumed, and it has been exercised before without objection. 2. "Charitable institutions..".