Estate of Highberger

The issue involved in this appeal is whether the transfer of the record title to real estate located in Pennsylvania, held by a non-resident decedent under a binding contract of sale entered into before the decedent’s death, is subject to taxation under Section 212 of the Inheritance and Estate Tax Act of 1961 [hereinafter “the Act”], Act of June 15, 1961, P.L. 373, art. II, § 212, 72 P.S. § 2485-212. This in turn depends on whether such an interest is “real property” within the meaning of Section 102(17) (iv) of the Act, supra, 72 P.S. § 2485-*129102(17) (iv).1 In an exhaustive opinion by…