Selden v. Brooke
| Decision Date | 25 January 1906 |
| Citation | 52 S.E. 632,104 Va. 832 |
| Parties | SELDEN. v. BROOKE, Collector. |
| Court | Virginia Supreme Court |
1. Taxation — Situs of Property — Trust Funds.
Under Code 1887, § 492, Acts 1897-98, p. 519, c. 490 (Code 1904, p. 252), providing that the separate property of a person over 21 years of age, or a married woman, shall be taxed "to the trustee, if any they have, and if they have no trustee, it shall be listed by and taxed to themselves; in either case it shall be listed and taxed in the county or corporation where they reside, " a trust fund, the income of which is payable to a resident of the state over 21 wears of age, during her lifetime, is taxable in the city in which the cestui que trust resides, although the trustee is a nonresident of the state.
2. Same—Constitutionality of Statute.
Code 1887, § 492, Acts 1897-98, p. 519, c. 490 (Code 1904, p. 252), although so construed as to authorize the taxation in this state of a trust fund, held by a nonresident trustee, the income of which is payable to a resident beneficiary, is not unconstitutional.
Appeal from Law and Chancery Court of City of Norfolk.
Suit to settle the estate of Arthur Taylor, deceased, in which Arthur T. Selden was appointed substituted trustee for Elizabeth T. Selden. The case was referred to a commissioner, who held the trustee liable to R. T. Brooke, collector, for certain taxes on the trust estate. From a decree overruling exceptions to the commissioner's report, the trustee appeals. Affirmed.
Hughes & Little, for appellant.
Tazewell Taylor, for appellee.
This case involves the validity of certain taxes assessed by the city of Norfolk for the years 1898, 1899, and 1900, upon a trust fund consisting of intangible personal property in the hands of a nonresident trustee, in the income of whichthe cestui que trust, Elizabeth T. Selden, a citizen of the state domiciled in that city, has a life estate.
The trustee was appointed and bonded by a decree of the corporation court of the city of Norfolk, which had jurisdiction of the fund, and directed to pay the income and revenue accruing therefrom to the cestui que trust "during her entire life." The cause was subsequently transferred, by force of the statute in such case made and provided, to the court of law and chancery of the city of Norfolk, where it is now pending; and this appeal is from a decree of that court, which confirmed the report of a commissioner sustaining the validity of the assessment, and ordered the trustee to pay the taxes out of the income.
It is the policy of this commonwealth to impose taxes upon all intangible property of its citizens in the county or corporation of their residence, without regard to the situs of the physical symbols by which such property is evidenced. Commonwealth v. Williams' Ex'r, 102 Va. 778, 47 S. E. 867. But the specific enactment by authority of which these assessments were made is as follows: ...
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City of St. Albans v. Avery
...Louisville, 245 U. S. 54, 38 Sup. Ct. 40, 62 L. Ed. 145, L. R. A. 1918C, 124; 32 Harvard Law Review, 587, 619. See, also, Selden v. Brooks, 104 Va. 832, 52 S. E. 632; Wise v. Commonwealth, 122 Va. 698, 95 S. E. 632; Brooklyn Trust Co. et al. v. Booker, 122 Va. 680, 95 S. E. These cases, alt......
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Wise v. Commonwealth
...and taxed to the trustee in the county of his residence (except as hereinbefore provided)." This statute was construed in Selden v. Brooke, 104 Va. 832, 52 S. E. 632. In that case the facts were that there was a trust fund under the control of the corporation court, of the city of Norfolk, ......
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Trust Co. v. Commonwealth
...with other citizens, and ought in fairness to contribute a due proportion of revenue for the support of the government. Selden Brooke, 104 Va. 832, 52 S.E. 632, and Ellett Commonwealth, 10 It is insisted for the plaintiff in error that these cases are to be distinguished from the instant ca......
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Trust Co. Of Norfolk v. Commonwealth
...with other citizens, and ought in fairness to contribute a due proportion of revenue for the support of the government. Selden v. Brooke, 104 Va. 832, 52 S. E. 632, and Ellett v. Commonwealth, supra. It is insisted for the plaintiff in error that these cases are to be distinguished from the......