Central Union Trust Co. v. State

Citations

• 110 Kan. 153
• 202 P. 853
• 1921 Kan. LEXIS 186

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Inheritance Tax — Charge Upon Right to Inherit Property. The so-called inheritance tax (Gen. Stat. 1915, ch. 115, art. 7), is a charge upon the right to receive property passing by descent or will.</p> <p>2. Same — How Laid on Personal Property Belonging to Estate of d Nonresident Testator. A New York testator provided in his will that all the personal property with certain exceptions should be sold by the executors and out of the proceeds they should pay certain cash legacies. The total value of the estate was over twenty-five million dollars. The total indebtedness was over three million dollars. No administration was taken out in Kansas. The New York surrogate court allowed debts aggregating over three million dollars. There were no debts or creditors in Kansas. The special bequests amounted to about six million dollars, leaving about fifteen million dollars in the residuary estate. The testator left $351,000 of stock in the Santa Fe Railway Company — specific bequests thereof having been made. Held, that, the inheritance tax should be laid on such Kansas property after deducting a proportionate amount of the debts of the estate.</p>