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Commissioner of Stamp Duties v Shrimpton - [1941] NZLR 761

$30.00

High Court Wellington
19 August; 29 August 1940
Ostler J
Court of Appeal Wellington
19-21 March; 2 July 1941
Myers CJ, Smith J, Johnston J, Fair J
Public Revenue — Death Duties — Value of Mortgage — Mortgage due to Testator who died before passing of Mortgagors and Lessees Rehabilitation Act, 1936 — Whether Assessable for Death-duty Purposes on Value at Death or as reduced by Adjustment Commission — Mortgagors and Lessees Rehabilitation Act, 1936, ss 5, 37, 42 (6) — Death Duties Act, 1921, s 6 (2).
Public Revenue — Death Duties — Property comprised in Gift — Settlement of Land by Father on Child — Lease to Father by Trustee of Settlement — Transfer by Trustee to Child in pursuance of Settlement — Lease by Child to Father — Father continuing in Possession after Settlement until Death — Whether "Entire exclusion of the deceased or of any benefit to him," so as to exclude Land from Final Balance of Father's Estate — Death Duties Act, 1921, s 5 (1)(c).

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