High Court Wellington
23 June; 7 September 1953
Gresson J
Court of Appeal Wellington
30, 31 March; 29 October 1954
Barrowclough CJ; Hutchison J; McGregor J
23 June; 7 September 1953
Gresson J
Court of Appeal Wellington
30, 31 March; 29 October 1954
Barrowclough CJ; Hutchison J; McGregor J
Public Revenue — Death Duties (Estate Duty) — Dutiable Estate — Deceased's Wife agreeing not to defend Divorce Petition if Future Maintenance secured — Deceased, in 1932, transferring Property to Sons in Consideration of Their Giving Mortgage securing Annuity to Deceased, and, after His Death, to His Wife — Sons executing Mortgage accordingly — Deceased submortgaging Same, in 1932, after Pronouncement of Decree Absolute, to secure Payment of Agreed Annual Sum to Former Wife — Value of Property, at Deceased's Death in 1949, in Excess of Value at Date of Transfer — Commissioner of Inland Revenue entitled to include Value of Property at Deceased's Death in computing Final Balance of His Dutiable Estate — "Settlement, trust, or other disposition of property" — Death Duties Act, 1921, s 5 (1) (j).
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