In re Short's Estate
Decision Date | 01 January 1855 |
Citation | 16 Pa. 63 |
Parties | In re Short's Estate. |
Court | Pennsylvania Supreme Court |
to transfers effected by the acts of the parties. The judicial principles which would control and regulate this property, in case Mr. Short had sold it at the date of his will, must control it, though he devised it: 2 Black. Com. 294, 378; 4 Ser. & R. 364; 3 Rawle 132; 2 Whar. 396; 3 id. 15; 5 W. & Ser. 173; 8 id. 50; 5 Barr 149; 1 Jones 494; 2 Cranch 277; 7 id. 166; 4 Whar. 122; 12 id. 213; 1 Howard 311.
In this case, if the construction be that the property out of the State is taxable, it will require the appropriation of only about the one-half or two-thirds of the property left within the State and in the hands of the executor to discharge it on property out of the State, and paying to the legatees out of the State; but cases may occur where all the assets in Pennsylvania may be required to pay the tax on property abroad passing to legatees who are abroad.
Scott and Hood, contra.
That Mr. Short's property out of the State subjected him to personal liability for taxes assessed on it here in...
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