Legal Opinion

Heberton v. McClain

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided March 4, 1905No. 100PublishedCited by 2 opinions

Action to recover legacy taxes paid. On demurrer to plaintiff’s statement.

1Opinion of the Court

J. B. McPHERSON, District Judge.

This action is brought to recover taxes upon certain legacies given by the will of Harriet S. Heberton, of which the following are the relevant paragraphs:

“Item.—I hereby give and bequeath unto my daughter Ethel Crothers Heberton ten thousand dollars, also the portraits of John Stephen Benezet and his wife Judith Benezet, also the statue of Canova’s Dancing Girl and the hall clock.
“Item.—I hereby give and bequeath unto my daughter Harriet Stevenson Jleberton ten thousand dollars when she is eighteen years old, also the portraits of Thomas Barton and his wife…

2Cases cited5 opinions

  1. Knowlton v. MooreSupreme Court of the United States · 1900
  2. Carstensen's EstateSupreme Court of Pennsylvania · 1900
  3. McCormick v. McElligottSupreme Court of Pennsylvania · 1889
  4. Engles's EstateSupreme Court of Pennsylvania · 1895
  5. Land Title & Trust Co. v. McCoachCourt of Appeals for the Third Circuit · 1904

3Cited by2 opinions

  1. Hignett v. ShermanSupreme Court of Colorado · 1924
  2. Herold v. ShanleyCourt of Appeals for the Third Circuit · 1906

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