Chanler v. Kelsey

Citations

• 205 U.S. 466
• 27 S. Ct. 550
• 51 L. Ed. 882
• 1907 U.S. LEXIS 1381

Syllabus

<p>Notwithstanding the common law rule that estates created by the execution of a power take effect as if created by the original deed, for some purposes the execution of the power is considered the source of title.</p> <p>This court must follow the decision of the state court in determining that the essential thing to transfer an estate is the exercise of a power of appointment. .</p> <p>The imposition of a transfer or inheritance tax under ch. 284, Laws of New York, 1897, on the exercise of a power of appointment in the same manner as though the estate passing thereby belonged absolutely to the person exercising the power, does not, although.the power was created prior .to the act, deprive the person taking by appointment, and who would not otherwise have taken the estate, of his property without due process of law in violation, of the Fourteenth Amendment; nor does it violate the obligation of any contract within the protection of the impairment clause of the Federal Constitution.</p> <p>176 N. Y. 486, sustained.</p>