HARING v. ZINK


3 N.J. Super. 106 (1949)

65 A.2d 609

HELEN G. HARING, JULIAN E. GARNSEY AND THE FIFTH AVENUE BANK OF NEW YORK, EXECUTORS OF THE LAST WILL AND TESTAMENT OF ELMER E. GARNSEY, APPELLANTS, v. HOMER C. ZINK, COMMISSIONER, ACTING AS DIRECTOR, DIVISION OF TAXATION, DEPARTMENT OF TAXATION AND FINANCE, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 20, 1949.


Attorney(s) appearing for the Case

Mr. E. Edward Burr argued the cause for the appellants.

Mr. William A. Moore (Mr. Theodore D. Parsons, Attorney General of New Jersey, attorney) argued the cause for the respondent.

Before Judges McGEEHAN, DONGES and COLIE.


The opinion of the court was delivered by COLIE, J.A.D.

This appeal is from a determination that four trusts established by the donor, Elmer E. Garnsey, were taxable because made in contemplation of death and in lieu of a testamentary disposition.

Elmer E. Garnsey died in 1946, aged 84. In 1933 he established three trusts for his children, Laura G. Seabury, Helen G. Haring and Julian E. Garnsey. As of the date of death, each trust was valued at approximately...

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