PALMER v. KINGSLEY


27 N.J. 425 (1958)

142 A.2d 833

ELINOR E. PALMER AND JOHN A. BENNETT, EXECUTORS OF THE ESTATE OF GERTRUDE D. EWER, DECEASED, APPELLANTS, v. WILLIAM KINGSLEY, DEPUTY DIRECTOR, DIVISION OF TAXATION, DEPARTMENT OF THE TREASURY OF NEW JERSEY, RESPONDENT. IN THE MATTER OF THE TRANSFER INHERITANCE TAX ASSESSMENT IN THE ESTATE OF GERTRUDE D. EWER, DECEASED.

The Supreme Court of New Jersey.

Decided June 25, 1958.


Attorney(s) appearing for the Case

Mr. Robert B. Shepard, Jr., argued the cause for the appellants (Messrs. Bennett and Shepard, attorneys).

Mr. Joseph A. Jansen argued the cause for the respondent (Mr. David D. Furman, Acting Attorney-General).


The opinion of the court was delivered by PROCTOR, J.

The issue here is whether the adopted children of a testatrix' daughter qualify as "issue of any child" of the decedent within the meaning of N.J.S.A. 54:34-2, subd. a of the Transfer Inheritance Tax Act, L. 1909, c. 228, as amended (N.J.S.A. 54:34-1 to 13).

The facts as stipulated by the parties show that Gertrude D. Ewer died...

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