Davis v. Macy
Massachusetts Supreme Judicial Court
Contract on the Gen. Sts. c. 12, § 19, by the collector of taxes of Nantucket for the year 1875, to recover a tax duly assessed that year upon a trust fund in the hands of the defendant.
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Contract on the Gen. Sts. c. 12, § 19, by the collector of taxes of Nantucket for the year 1875, to recover a tax duly assessed that year upon a trust fund in the hands of the defendant. Writ dated December 12, 1876. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on the following agreed facts: The defendant was duly appointed, and now is, trustee under the will of Selina Herring, late of Boston, deceased, whose will was proved and allowed in the Probate Court for the county of Suffolk, on March 17, 1856, the original trustee…
1Opinion of the CourtAmes, J.
The assessment of taxes upon personal property held in trust is regulated by the Gen. Sts. c. 11, § 12, sis. 5, 6 The fifth clause provides in substance that where the trustee is required by the terms of his trust to pay the income of the fund *195in his hands to another person, the tax shall be assessed upon the trustee in the place in which such other person resides, “ if within the state: ” and if he resides out of the state, in the place where the trustee resides. By the sixth clause, such property, if put in trust “ as an accumulating fund for the future benefit of heirs or other persons,…
2Cases cited1 opinion
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- Michigan Trust Co. v. City of Grand RapidsMichigan Supreme Court · 1933
- City of Augusta v. KimballSupreme Judicial Court of Maine · 1898
- Northern Pacific Railroad v. PattersonMontana Supreme Court · 1890
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