Kimball v. Potter

The statute (P. L., c. 72, s. 1) enacts that property passing by will, inheritance, “or by deed, grant, bargain, sale or gift, made in contemplation of death, or made or intended to take effect in possession or enjoyment at or after the death of the grantor or donor, to any person, absolutely or in trust” shall be taxable with certain exceptions not here involved.

The defendant argues that the transfer here considered took effect in possession and enjoyment when the trust property was delivered to the trustees pursuant to the instrument of trust, and that as such delivery took place in the…