SWAIN v. NEELD


49 N.J. Super. 523 (1958)

140 A.2d 538

EDNA SWAIN AND EMILY S. SEAMAN, EXECUTRICES OF THE LAST WILL AND TESTAMENT OF CLARA G. SWAIN, DECEASED, APPELLANTS, v. AARON K. NEELD, TREASURER, STATE OF NEW JERSEY, ACTING AS DIRECTOR OF THE DIVISION OF TAXATION, DEPARTMENT OF THE TREASURY OF THE STATE OF NEW JERSEY, RESPONDENT. IN THE MATTER OF THE TRANSFER INHERITANCE TAX ASSESSMENT IN THE ESTATE OF CLARA G. SWAIN, DECEASED.

Superior Court of New Jersey, Appellate Division.

Decided April 11, 1958.


Attorney(s) appearing for the Case

Mr. Fred Herrigel, Jr. argued the cause for appellants (Herrigel, Bolan & Herrigel, attorneys).

Mr. Joseph A. Jansen, Deputy Attorney-General, argued the cause for respondent.

Before Judges PRICE, SCHETTINO and HANEMAN.


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

Plaintiff appeals from a transfer inheritance tax assessment levied by the Director of Taxation and bottomed upon findings that certain inter vivos gifts made by decedent Clara G. Swain were made in contemplation of death.

On December 16, 1955 Clara G. Swain made gifts of shares of stock of Standard Oil Company of New Jersey as follows: (1) to a daughter, Emily S. Seaman, $32,780; (2) to William...

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