State Street Trust Co. v. Treasurer & Receiver General
Massachusetts Supreme Judicial Court
Two bills in equity for instructions, filed in the Probate Court for the county of Suffolk on July 21, 1910, by the State Street Trust Company, a corporation, which had received on January 19, 1910, $100,000, in face value, of registered bonds of the Commonwealth of Massachusetts from Annie Preston Lincoln of Boston, indorsed in blank by her, to be held by the plaintiff in trust under an instrument in writing of that date, the instructions sought being as to whether it was…
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Two bills in equity for instructions, filed in the Probate Court for the county of Suffolk on July 21, 1910, by the State Street Trust Company, a corporation, which had received on January 19, 1910, $100,000, in face value, of registered bonds of the Commonwealth of Massachusetts from Annie Preston Lincoln of Boston, indorsed in blank by her, to be held by the plaintiff in trust under an instrument in writing of that date, the instructions sought being as to whether it was the duty of the plaintiff to pay any tax to the treasurer and receiver general of the Commonwealth under St. 1907, c.…
1Opinion of the CourtBraley, J.
The question presented by these cross appeals *378is, whether the bonds held in trust by the plaintiff are subject to a succession tax under St. 1907, c. 563, § 1, now by codification St. 1909, c. 490, Part IV. § 1. The tax imposed is not upon the property itself, although its value is made the basis of taxation, but on the right of transmission, where under the deed, grant or gift the property is not to vest in possession or enjoyment until after the death of the grantor, donor or settlor, or, if not expressed, such intention is found. Emmons v. Shaw, 171 Mass. 410, 413. St. 1909, c. 490, Part…
2Cases cited9 opinions
- Minot v. WinthropMassachusetts Supreme Judicial Court · 1894
- Wood v. . ChapinNew York Court of Appeals · 1856
- Vanderbilt v. EidmanSupreme Court of the United States · 1905
- In Re the Estate of BrandrethNew York Court of Appeals · 1902
- Emmons v. ShawMassachusetts Supreme Judicial Court · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Estate of MadisonCalifornia Supreme Court · 1945
- Tyler v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1917
- Blodgett v. Guaranty Trust Co.Supreme Court of Connecticut · 1932
- In re Fulham's EstateSupreme Court of Vermont · 1923
- Goetchius v. CommissionerUnited States Tax Court · 1951
36 more not listed; retrieve them via the Exa API.