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DARR v. KERVICK

31 N.J. 476 (1960)

158 A.2d 42

EARL A. DARR AND FRANK A. BIBA, SURVIVING EXECUTORS OF THE ESTATE OF KATHERINE KRAFT, DECEASED, APPELLANTS, v. JOHN A. KERVICK, TREASURER OF THE STATE OF NEW JERSEY, ACTING AS THE DIRECTOR OF DIVISION OF TAXATION, DEPARTMENT OF THE TREASURY, STATE OF NEW JERSEY, RESPONDENT. IN THE MATTER OF THE TRANSFER INHERITANCE TAX ASSESSMENT IN THE ESTATE OF KATHERINE KRAFT.

The Supreme Court of New Jersey.

Decided February 9, 1960.

Attorney(s) appearing for the Case

Mr. Royd C. Lutz, of the New York Bar, argued the cause for the appellants (Messrs. Losche & Losche, attorneys; Messrs. George F. Losche and Kent A. Losche, of counsel; Mr. Earl A. Darr, pro se, and of the New York Bar).

Mr. Joseph A. Jansen, Deputy Attorney General, argued the cause for the respondent (Mr. David D. Furman, Attorney General of New Jersey, attorney).

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

The appellants, executors of the estate of Katherine Kraft, prosecuted an appeal to the Superior Court, Appellate Division, from an assessment of the Acting Director of the Division of Taxation holding the corpus of a trust created by decedent inter vivos subject to the state transfer inheritance tax. While the cause was pending in the Superior Court, Appellate Division, and prior to arguments there...

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