United States v. Field
Supreme Court of the United States
APPEAL PROM THE COTJKT OF CLAIMS. The case is stated in the opinion. The common-law fiction regards the donor of a power as the source of title to an appointed estate, but the donee's execution of the power is a transfer of such estate when such execution is requisite to pass title to the appointees.
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APPEAL PROM THE COTJKT OF CLAIMS. The case is stated in the opinion. The common-law fiction regards the donor of a power as the source of title to an appointed estate, but the donee's execution of the power is a transfer of such estate when such execution is requisite to pass title to the appointees. Chanler v. Kelsey, 205 U. S. 466; Luques Appellant, 114 Maine, 235, 340; Minot v. Treasurer, 207 Massachusetts, 588; McFall v. Kirkpatrick, 236 Illinois, 281, 306. It is a well-recognized rule of law that an estate passing under the execution of a general power of appointment is subject to the…
1Opinion of the CourtJustice Pitney
This is an appeal from a judgment of the Court of Claims sustaining a claim for refund of an estate tax exacted under Title II of the Revenue Act of September 8, 1916, as amended by Act of March 3, 1917 (c. 463, 39 Stat. 756, 777; c. 159, 39 Stat. 1000, 1002). It presents the question whether the act taxed a certain interest that passed under testamentary execution of a general power of appointment created prior but executed subsequent to . its passage.
The facts are as follows: Joseph N. Field, á citizen and resident of Illinois, died April 29,1914, leaving a will which was duly admitted to…
2Cases cited7 opinions
- Knowlton v. MooreSupreme Court of the United States · 1900
- Gould v. GouldSupreme Court of the United States · 1917
- Carver v. JacksonSupreme Court of the United States · 1830
- Chanler v. KelseySupreme Court of the United States · 1907
- In Re the Estate of MillerNew York Court of Appeals · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by168 opinions
- Crooks v. HarrelsonSupreme Court of the United States · 1930
- New York Trust Co. v. EisnerSupreme Court of the United States · 1921
- Burnet v. GuggenheimSupreme Court of the United States · 1933
- Porter v. CommissionerSupreme Court of the United States · 1933
- Helvering v. Safe Deposit & Trust Co. of BaltimoreSupreme Court of the United States · 1942
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