LAUBE v. ZINK


4 N.J. Super. 19 (1949)

66 A.2d 190

RITA A. LAUBE, EXECUTRIX OF THE LAST WILL AND TESTAMENT OF CHARLES A. LAUBE, DECEASED, APPELLANT, v. HOMER C. ZINK, DIRECTOR, DIVISION OF TAXATION, DEPARTMENT OF TREASURY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 18, 1949.


Attorney(s) appearing for the Case

Mr. Leopold Frankel (Messrs. Frankel & Frankel, attorneys) argued the cause for the appellant.

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

Before Judges JACOBS, EASTWOOD and BIGELOW.


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

This is an appeal pursuant to Rule 3:81-8 from a decision by the Director of the Division of Taxation, Department of the Treasury, that gifts of the decedent Charles A. Laube, within two years of his demise, were made in contemplation of death and were, therefore, taxable under R.S. 54:34-1c.

The decedent died on August 31, 1946, when he was 57 years of age. Fifteen years, and again nine...

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