Legal Opinion

Keeney v. Comptroller of New York

Supreme Court of the United States

Decided January 9, 1912No. 81PublishedCited by 145 opinions

ERROR TO THE SURROGATE’S COURT OF THE COUNTY OF KINGS, STATE OF NEW YORK. On June 13, 1903, Susan A. Keeney, a resident of New York, , being in good health, executed in Bangs County a déed, whereby she conveyed a cattle ranch in Texas, and certain stocks and bonds to the Fidelity Trust Company of Newark, New Jersey, in trust, to hold the same during her-lifetime, and to divide the net income equally between herself and her three children, two of whom reside out of the State…

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ERROR TO THE SURROGATE’S COURT OF THE COUNTY OF KINGS, STATE OF NEW YORK. On June 13, 1903, Susan A. Keeney, a resident of New York, , being in good health, executed in Bangs County a déed, whereby she conveyed a cattle ranch in Texas, and certain stocks and bonds to the Fidelity Trust Company of Newark, New Jersey, in trust, to hold the same during her-lifetime, and to divide the net income equally between herself and her three children, two of whom reside out of the State of New York. The deed further provided that after her death the trustees should pay the entire income, or transfer the…

1Opinion of the Court

Mr. /Justice Lamar,

after making the foregoing statement, delivered the opinion of the court.

So much of the New York statute, as imposes an inheritance tax, was sustained in Plummer v. Coler, 178 U. S. 115, and in seyeral decisions of the Court of Appeals of that State. But the plaintiffs insist that .there is a radical difference between an inheritance tax and one on transfers inter vivos. The first, they say, is an excise, imposed on a privilege; while that complained of here is really on property, though called a tax on a transfer. They argue that inheritance taxes have been sustained on…

2Cases cited8 opinions

  1. Knowlton v. MooreSupreme Court of the United States · 1900
  2. Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898
  3. New York Ex Rel. Hatch v. ReardonSupreme Court of the United States · 1907
  4. United States v. PerkinsSupreme Court of the United States · 1896
  5. Plummer v. ColerSupreme Court of the United States · 1900

3 more not listed; retrieve them via the Exa API.

3Cited by145 opinions

  1. F. S. Royster Guano Co. v. VirginiaSupreme Court of the United States · 1920
  2. Nichols v. CoolidgeSupreme Court of the United States · 1927
  3. Miller Brothers Co. v. MarylandSupreme Court of the United States · 1954
  4. Curry v. McCanlessSupreme Court of the United States · 1939
  5. Commissioner v. Estate of ChurchSupreme Court of the United States · 1949

140 more not listed; retrieve them via the Exa API.

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