to taxable transfers of property the property referred to in this petition. (See note attached to "petition for order fixing tax without appointment of appraiser" for further averments.) § 360. Order Exempting Estate. At a Surrogate's Court, held in and for the County of at the County Courthouse, in the on the ...... day of of Present: Hon. In the Matter of the Transfer Tax Upon the Estate of 19... ......... 2 Surrogate. Deceased. Upon reading and filing the petition of verified on the ...... day of ... duly wherein it appears that the transfer of the property of said decedent is not subject to tax under the act relating to taxable transfers of property, and upon due notice of motion having been given to Esq., attorney for the State Controller, now on motion of .., Esq., attorney for the petitioner herein, it is Ordered and Adjudged that the transfer of property of which said decedent died seised and possessed and referred to in said petition is exempt from tax under the act in relation to taxable transfers of property. § 361. Order Remitting Report to Appraiser. At a Surrogate's Court, held in and for the County of at the County Courthouse, in the on the ..... day of .. of ... Surrogate. 19... Deceased. Upon reading and filing the annexed consent of Esq., attorney for the State Controller, and .... Esq., attorney for the dated the .... and upon the affidavit of it is ......... day of ...... ...... Ordered and Adjudged that the report of the appraiser duly filed herein on the day of be remitted to him for further consideration and report as to...... § 362. Composition Agreement. Surrogate's Court, In the Matter of the Appraisal Deceased. County. Whereas it appears from the report in the above-entitled proceeding of ....... ...., Esq., the appraiser duly appointed herein to appraise the property of the said late of .... day of ....... deceased, which report bears date the with reference to certain interests in remainder created by the last will and testament of decedent in the following terms: Whereas it further appears by said report that "As it is impossible now to determine to whom the aforesaid remainders after the foregoing life estates will eventually pass on the death of the life tenants, the same are not at present taxable" and that the State Superintendent of Insurance has ascertained and determined the aggregate value of the said remainder interests to be $..... and Whereas (..........,) the executor of the said estate, is desirous of personally settling all claims of the people of the State of New York, upon, or in respect to said property and estate, or any part thereof, for any transfer tax which may now be due and payable or which may hereafter become payable under the Laws of the State of New York and of compounding all such taxes payable upon said remainder interests, upon terms which are equitable and expedient as by law in that case made and provided. Now therefore it is hereby stipulated and agreed upon the facts and circumstances aforesaid, and in consideration of the premises, that the transfer tax payable in respect to said re-' mainders be and the same hereby is ascertained, fixed, compounded and adjusted at the sum of $......... which sum shall be accepted by the Honorable ......" as Controller of the State of New York, by and with the approval of the Honorable... Attorney General of the State of New York, in full payment, satisfaction and discharge of all transfer taxes which are payable, or which but for this agreement may at any time hereafter become due and payable to the State of New York, under or by virtue of the Laws of the State of New York, upon, or in respect to the property and estate of ... deceased, or any part thereof, or upon and in respect to any and all interests therein, or in respect to the transfer thereof or by virtue of the said Will. In witness whereof the, said ... estate of ..... deceased, and Hon. troller of the State of New York, have signed and acknowledged these presents in triplicate on the one thousand nine hundred and Approved. Attorney General. executor of the ..., Con ...... day of dred and ... .., before me personally came .... to me known and known to me to be the executor of the estate of .... ....., deceased, and who executed the foregoing instrument and he thereupon duly acknowledged to me that he executed the same. State of New York, County of On this dred and SS.: ...... day of .... one thousand nine hunbefore me personally came, Hon. to me known and known to me to be the Controller of the State of New York, and who executed the foregoing instrument and he thereupon duly acknowledged to me that he executed the same. § 363. Waivers of Notice by Controller. Dear Sirs: Re Estate of.............. ...... The Controller of the State of New York hereby waives the issuance of the ten days' notice, required by Section 228 of the Taxable Transfers Law, for the opening of the safe deposit box in your custody belonging to this estate, and further consents to the transfer of any securities, or other property found therein, to the representatives of said decedent. Very truly yours, Dear Sirs: Attorney for State Controller. Re Estate of .... ....... The Controller of the State of New York hereby waives the issuance of the ten days' notice, required by Section 228 of the Taxable Transfers Law, and further consents to the transfer, by you, to the representatives of this estate, of the following personal property, now standing on your books in the name of decedent: being duly sworn, deposes and says: I. That ..he resides at .... II. That said decedent died on the day of 19..., intestate, and that thereafter deponent III. That deponent duly qualified and is now acting as administra.... of this estate. IV. That hereto annexed and made a part hereof is an itemized statement marked "A," of all the property, real and personal, of which said decedent died seised and possessed, situated within the State of New York, and an itemized statement, marked "B," of all the personal property situated without the State of New York. V. That at the time of h... death, decedent had no safe deposit box, no bonds, public or private, no mortgages and no money within the State of New York; ..he had no interest in any business or copartnership carried on therein; ..he owned no shares of stock in National banks situated therein and owned no shares of stock in corporations organized and existing under the laws of the State of New York; ..he owned no jewelry, horses, carriages or furniture; and was possessed of no other personal property of any kind whatsoever in said state except as set forth in said schedule "A." VI. That the decedent at the time of h.. death owned no real estate situated within the State of New York. VII. That prior to h.. death, decedent made no transfer of property in the State of New York by deed, grant, bargain, sale, or gift in contemplation of death or intended to take effect at or after death; that the decedent had no power of appointment over property, real or personal, located therein. VIII. That the fair market value of the entire personal estate of said decedent at the time of h.. death wheresoever situated, was the sum of $.............. That the funeral expenses of said decedent amounted to the sum of $............. That the debts itemized in a statement hereto annexed, marked "C," due and owing by decedent at the time of h.. death, exclusive of funeral expenses, mortgages on real estate, inheritance taxes paid to the United States Government or to any Foreign or State Government or loans secured by collateral, amount to the sum of $..... That the administration expenses incurred, and to be incurred, exclusive of expenses in the preceding paragraphs amount to the sum of $.. |