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NEWBERRY v. WALSH

20 N.J. 484 (1956)

120 A.2d 242

JOHN J. NEWBERRY, EDGAR A. NEWBERRY, WALTER C. SCHULZ AND JOHN J. NEWBERRY, JR., EXECUTORS OF THE WILL OF MYRTLE H. NEWBERRY, DECEASED, PETITIONERS-APPELLANTS, v. FRANK E. WALSH, DIRECTOR, DIVISION OF TAXATION, DEPARTMENT OF TAXATION AND FINANCE, RESPONDENT. IN THE MATTER OF THE APPEAL FROM THE TRANSFER INHERITANCE TAX ASSESSMENTS IN THE ESTATE OF MYRTLE H. NEWBERRY, DECEASED.

The Supreme Court of New Jersey.

January 3, 1956.

Decided January 23, 1956.

Attorney(s) appearing for the Case

Mr. Thomas L. Zimmerman argued the cause for the petitioners-appellants.

Mr. Joseph A. Jansen argued the cause for the respondent (Mr. Grover C. Richman, Jr., Attorney-General of New Jersey, attorney).

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

This cause stems from an assessment made in 1946 by the State Tax Commissioner under the provisions of the Transfer Inheritance Tax Act in effect at that time, R.S. 54:33-1 et seq. Petitioners thereafter sought a review in the Prerogative Court, R.S. 54:34-13, but by virtue of the subsequent abolition of that court, Constitution 1947, Art. XI, Sec. IV(3), the matter has...

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