Hartford v. Martin, Tax Comm'r
| Decision Date | 15 August 1938 |
| Docket Number | No. 255.,255. |
| Citation | 1 A.2d 13,120 N.J.L. 564 |
| Parties | HARTFORD et al. v. MARTIN, Tax Commissioner. |
| Court | New Jersey Supreme Court |
Proceeding in the matter of the estate of George H. Hartford, deceased, wherein George L. Hartford and others, trustees under a deed of trust made by George H. Hartford, deceased, appealed from the transfer inheritance tax levied by J. H. Thayer Martin, State Tax Commissioner, in respect of the deed of trust. To review a decree of the prerogative court affirming the tax, 194 A. 800, 122 N.J.Eq. 489, George L. Hartford and others bring certiorari.
Writ dismissed.
Argued May term, 1938, before CASE, DONGES, and PORTER, JJ.
Pitney, Hardin & Skinner, of Newark, for prosecutors.
David T. Wilentz and William A. Moore, both of Trenton, for defendant.
This writ of certiorari was allowed to review a decree of the Prerogative Court affirming an assessment of transfer inheritance taxes levied by the State Tax Commissioner upon the ground that certain inter vivos transfers were made in contemplation of death and were intended to take effect in possession or enjoyment at or after death. The tax was calculated on the basis that the transfers were intended to take effect at or after death.
The subject matter of the litigation is a certain trust fund created by George H. Hartford consisting of stock of the Atlantic & Pacific Tea Company of which he was the founder. Subsequently stock of a successor company of like name was substituted. It is stated that the principal purpose of the trust was to satisfy bankers to whom an application for a loan for large scale expansion was about to be made that control of the corporation would remain under the existing management.
The trust agreement was executed on April 7, 1915, and by it Mr. Hartford irrevocably assigned 6,985 shares of the common stock of the said corporation to two of his sons as trustees. Under the terms of the trust, the income was to be paid to the grantor during his lifetime and thereafter, until the termination of the trust, one-fifth to each of his five children, and, at the death of each, to his or her respective issue, per stirpes, if any; otherwise, to his or her appointees by will. Any part of the income as to which there might be no beneficiary thus designated was to be divided among and paid to the others. It further provided that, upon the death of the last survivor of grantor's five children, the stock be assigned and transferred to the living issue of each of his five children, per stripes, if any; otherwise, to the appointees by will. No right of...
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Squier v. Martin
...131 A. 924, 4 N.J.Misc. 99, affirmed 103 N.J.L. 173, 134 A. 915; Hartford v. Martin, 122 N.J.Eq. 489, 194 A. 800, affirmed 120 N.J.L. 564, 1 A.2d 13, further affirmed 122 N.J.L. 283, 4 A.2d 31, 121 A. L.R. 354; Koch v. McCutcheon, 111 N.J. L. 154, 167 A. 752, reversing 111 N.J.Eq. 324, 162 ......
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