MERCANTILE-SAFE DEPOSIT & TRUST CO. v. MURPHY


19 A.D.2d 765 (1963)

Mercantile-Safe Deposit and Trust Company, as Trustee under Agreement of Trust with John B. Trevor, Plaintiff, v. Joseph H. Murphy et al., Constituting The State Tax Commission, Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 30, 1963


This controversy is submitted upon agreed facts pursuant to sections 546-548 of the Civil Practice Act. The question to be determined is whether upon such facts a nonresident trustee of an inter vivos trust created in Maryland by a resident of New York is subject to taxation upon income accumulated thereunder after the death of the donor. The donor, a domiciled resident of this State, by a trust agreement dated June 1, 1953 transferred and delivered to plaintiff, as...

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