SCHROEDER v. KELLY


4 N.J. Super. 40 (1949)

66 A.2d 456

MARIAN L. SCHROEDER, EXECUTRIX, ETC., AND ANOTHER, APPELLANTS, v. WILLIAM D. KELLY, STATE TAX COMMISSIONER, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 2, 1949.


Attorney(s) appearing for the Case

Mr. Ralph E. Lum, Jr. (Messrs. Lum, Fairlie & Foster, attorneys) argued the cause for the appellants.

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

Before Judges JACOBS, EASTWOOD and BIGELOW.


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

The problem arises under our inheritance tax law. Testator, Arthur Schroeder, and his brother, Leslie, each owned 48 per cent. of the capital stock of a corporation. In 1937, when Arthur was 43 years old and Leslie was 38, they entered into a contract with the corporation whereby it bound itself to purchase from the estate of each of them within 30 days after his...

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