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21 Misc. 363

People ex rel. McGrane v. Reilley

New York Supreme Court

Decided October 15, 1897

New York Supreme Court · decided 1897-10-15

Oebtiobabi to review assessment. - The assessors of the town of Highlands, in Orange county, prepared and filed their roll for 1897, on which they assessed every soldier, wife and widow of soldier, owning property within their town on the same ratio as other persons. ■ ' On grievance day the relator .filed the statements required by chapter 347, Laws of 1897, of those who claimed exemption, and each one of them gave testimony showing that their homes were, bought, some with…

Decided 1897-10-15

Barnard, J.

¶1There is some confusion in the laws relating to the exemption claiméd — prior to 1896 the exemption of the soldiers’ pay and bounty was held to exempt the land bought with pay and bounty. The law of 1896, chapter 908, contained this exemption upon the same principles and this law left the land of the soldier bought with pay and bounty as with pension money exempt from taxation.

¶2I think chapter 347, Laws of 1897, introduced a more restricted exemption. In this act “ such property purchased with the pro-' ceeds of a pension can be assessed in the ordinary way and the pensioner claiming an exemption must state in writing the facts' including the amount of pension money used in the purchase.”

¶3If the amount of pension money used in the purchase exceeds the assessed value of a home of the soldier or his wife or widow the *365assessors must enter exempt on the margin opposite his name. If the pension money used in the purchase is less than the assessed valuation the assessors shall enter upon the assessment-rolls that the property is “ exempt to the extent of......dollars.”

¶4The section of the Code in respect to property exempt from execution is not inconsistent with the general amendment of the Tax Law. It conforms to it. It provides for the liability of soldier’s lands to tax as lawfully imposed. The assessor must deduct and enter exempt opposite the assessments of soldier’s land where it is. proven that the same were purchased with pension money.

¶5Ordered accordingly.

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