# Fidelity Union Trust Co. v. Margetts

> Supreme Court of New Jersey · June 29, 1951 · 7 N.J. 556

URL: https://www.frixlaw.com/law-library/cases/9884935

## Case

- **Full name:** Fidelity Union Trust Company, Substituted Administrator C. T. A. of the Last Will and Testament of Edwin H. Colpitts, Appellant, v. Walter T. Margetts, State Treasurer, Acting as Director, Division of Taxation, Department of the Treasury, Respondent; In the Matter of the Transfer Inheritance Tax Assessment in the Estate of Edwin H. Colpitts, Deceased
- **Court:** Supreme Court of New Jersey
- **Decided:** June 29, 1951
- **Citations:** 7 N.J. 556; 82 A.2d 191; 1951 N.J. LEXIS 249
- **Precedential status:** Published
- **Opinion:** Concurrence by Yandbrbilt
- **Judges:** Case
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9884935

## Opinion text

Yandbrbilt, C. J.
(concurring). I agree with the majority that Mrs. Colpitts is the sole beneficiary of the estate and that under our transfer inheritance tax statutes the estate *575 is presently taxable in its entirety at the rates applicable to her. This is so, however, whether she takes an absolute present estate in derogation of the trust, as the appellant argues, or whether she takes a life estate and a remainder subject to the trust, as the majority concludes. It is not necessary on this appeal to determine the precise nature of her interest in the estate or to pass on her power to terminate the trust. Moreover, since she is not a party to this action, it would seem to be inappropriate to determine the issue now.
Vanderbilt, C. J., and Heher, J., concurring in result.
For reversal—-Chief Justice Vanderbilt, and Justices Case, Heher, Oliphant, Burling and Ackerson—6.
For affirmance—None.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9884935. Public record. Not legal advice.