In re Assessment of Collateral Inheritance Tax in Estate of Clark
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. (1) The interest of Mrs. Grace Clark in the estate of the decedent is not subject to any collateral inheritance tax, because (a) it is not'a life estate or interest; (2) it may determine upon either of two events that may happen before the expiration of her life, namely, upon her marriage, or upon a suit, being brought against her to subject her interest to execution for debt; (3) it is…
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Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. (1) The interest of Mrs. Grace Clark in the estate of the decedent is not subject to any collateral inheritance tax, because (a) it is not'a life estate or interest; (2) it may determine upon either of two events that may happen before the expiration of her life, namely, upon her marriage, or upon a suit, being brought against her to subject her interest to execution for debt; (3) it is indeterminate and uncertain, depending for its value upon the discretion of the Mississippi Valley Trust Company, the trustee named…
1Opinion of the CourtFaris, J.
— This is an appeal from the circuit court of St. Louis County in a proceeding commenced originally in the probate court of that county to appraise the interest of Grace Clark (hereinafter for brevity calléd appellant) in the estate of one Charles Clark, deceased, for the purpose of collecting the collateral inheritance tax alleged to be due thereon. The probate court found against appellant and ordered that the ‘ Mississippi Valley Trust Company as trustee for said Grace Clark shall comply with the terms of the will of said Charles Clark with respect to said Grace Clark, and at the time of…
2Cases cited8 opinions
- In Re Compelling Payment of Tax Upon Property Given by the Will of EnstonNew York Court of Appeals · 1889
- Billings v. PeopleIllinois Supreme Court · 1901
- State ex rel. Garth v. SwitzlerSupreme Court of Missouri · 1898
- In Re the Last Will & Testament of VassarNew York Court of Appeals · 1891
- In Re the Appraisal of the Property of SloaneNew York Court of Appeals · 1897
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3Cited by5 opinions
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- State v. Hallenberg-Wagner Motor Co.Supreme Court of Missouri · 1937
- State Ex Rel. National Life Insurance v. HydeSupreme Court of Missouri · 1922
- Kohl'S Dep't Stores, Inc. v. Va. Dep't of TaxationSupreme Court of Virginia · 2018
- Maguire v. University of MissouriSupreme Court of Missouri · 1917