Higgins v. Commonwealth
Court of Appeals of Kentucky
CASE 28. — CONSOLIDATED ACTIONS BETWEEN KATE L. HIGGINS’ TRUSTEE AND THE COMMONWEALTH; FANNIE H. KEMP’S TRUSTEE AND THE CITY OF LEXINGTON AND KITTIE G. FORSYTHE AND THE CITY OF LEXINGTON ON THE QUES CION WHETHER INTANGIBLE PROPERTY IN THE POS-. SESSION OF A TRUSTEE IS LIABLE TO TAXAION. Appeal from Fayette Circuit Court. Watts Parker, Circuit Judge.
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CASE 28. — CONSOLIDATED ACTIONS BETWEEN KATE L. HIGGINS’ TRUSTEE AND THE COMMONWEALTH; FANNIE H. KEMP’S TRUSTEE AND THE CITY OF LEXINGTON AND KITTIE G. FORSYTHE AND THE CITY OF LEXINGTON ON THE QUES CION WHETHER INTANGIBLE PROPERTY IN THE POS-. SESSION OF A TRUSTEE IS LIABLE TO TAXAION. Appeal from Fayette Circuit Court. Watts Parker, Circuit Judge. From the judgment the plaintiffs appeal. — POINTS AND AUTHORITIES CITED. 1. Intangible personal property in the hands of a trustee is taxable at the residence of the real owner of the fund, and not at the residence of the trustee, whether such…
1Opinion of the Court
Opinion of the Court by
Judge Carroll
Affirming.
These- three appeals, involving substantially the same question of law, will be disposed of together.
Is intangible personal property, such as notes, mortgages, and bonds, held by and in the possession of a trustee in this State, who manages and controls it, liable for taxation for State, city and county purposes, at the residence of the trustee, when the cestui *214que trust is a nonresident of the State? The property in question was not temporarily in the State. The trustee in whose custody it was, exercised complete control over it by loaning it…
2Cases cited18 opinions
- New Orleans v. StempelSupreme Court of the United States · 1899
- Bristol v. Washington CountySupreme Court of the United States · 1900
- Catlin v. HullSupreme Court of Vermont · 1849
- In re the Estate of JeffersonSupreme Court of Minnesota · 1886
- Baldwin v. ShineCourt of Appeals of Kentucky · 1886
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Commonwealth v. PeeblesCourt of Appeals of Kentucky · 1909
- Bingham's Administrator v. CommonwealthCourt of Appeals of Kentucky · 1923
- Commonwealth v. West India Oil Refining Co.Court of Appeals of Kentucky · 1910
- City of Henderson v. Barret'sCourt of Appeals of Kentucky · 1913
- Board of Tax Suprs. Etc. v. Baldwin Piano Co.Court of Appeals of Kentucky (pre-1976) · 1944
5 more not listed; retrieve them via the Exa API.