Estate of Kavanagh

The comptroller objects to the confirmation •of the appraiser’s report, upon the ground that the appraiser has failed to report, as subject to taxation, a legacy of $500 “to the Missionary Congregation of St. Paul the Apostle, in the city of New York, known as the Paulist Fathers,” and asks to have such legacy included in said report.

In the case of Catlin et al. v. Trustees of Trinity College, and Rector, Wardens and Vestrymen of St. Paul’s Protestant Episcopal Church, etc. (22 N. Y. State Rep., 189), the •court of appeals held that “when, therefore, a corporation not exempted from a taxation by its charter, or some special enactment, but governed by the general law, claims •exemption, it must be able to point' to some provision in •chapter 13 (of the Revised Statutes), or to some amendment which takes it out of the general rule declared in section 1, or else its claim must be disallowed. * * * It has never been the general policy of the state to wholly exempt the property, either real or personal, of incorporated churches, colleges or charitable institutions, from taxation. * * * Complete exemption, where adopted, has been accomplished through special acts applicable to particular and specified corporations. We know of no general statute exempting the personal property of religious societies, or of colleges, from taxation, and we are of opinion that neither St. Paul’s church nor Trinity college was; ‘exempted by law from taxation, ’ within the collateral inheritance act of 1887.”

In the case at bar, there is no proof of any special exemption, either by charter or by any special act, and under the -decision before quoted, the legatees’ claim must be disallowed.