
    In the Matter of the Transfer Tax upon the Estate of Lena McMullen, Deceased. State Tax Commission, Appellant; Bankers Trust Company et al., as Executors, Respondents.
    
      Transfer tax — stock of foreign corporation owning real property within this state belonging to resident of foreign state but physically within this state at death of ownei-no transfer of property within this state.
    
    
      Matter of McMullen, 199 App. Div. 393, affirmed.
    (Argued April 17, 1923;
    decided May 1, 1923.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 13,1922, which reversed an order of the New York County Surrogate’s Court assessing a transfer tax upon the estate of Lena McMullen, deceased. Decedent died a resident of the state of Connecticut, leaving a will probated in that state. At the time of her death she was the owner of 500 shares of the preferred stock of the Atlantic, Gulf and Pacific Company, a corporation organized under the laws of West Virginia which was engaged in the business of dredging, and owned real property within this state. The 500 shares were actually physically within the state of New York when the decedent died. The right to impose the tax in question is asserted under section 220 of the Transfer Tax Law, as amended by section 1, chapter 626 of the Laws of 1919.
    . Schuyler C. Carlton for appellant.
    
      Joseph F. McCloy, Thomas A. S. Beattie and James J. McDermott for respondents.
   Order affirmed, with costs, on ground that there was no transfer of property within this state; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  