In re Estate of Handley

Citations

• 181 Pa. 339
• 40 W.N.C. 305
• 37 A. 587
• 1897 Pa. LEXIS 548

Syllabus

<p>Collateral inheritance tax — Decedents' estates — Foreign real estate.</p> <p>The collateral inheritance tax is chargeable upon the proceeds of the sale of real estate in another state where the testator has peremptorily directed such land to be sold. The status of the property at the instant of death must govern the question of tax, both as to liability and amount. Where the conversion is not imperative, but only permissive and rests in the discretion of the executors or others, it does not become operative until the exercise of the discretion, and in the meantime the land retains its normal character. Where the conversion, though imperative, is not in pi’esenti, but in futuro, it goes into effect only from the happening of the stipulated contingency.</p> <p>The collateral inheritance tax is not chargeable upon real estate situated in another state, which testator directs by his will shall be sold at the expiration of twenty years after his death.</p> <p>Collateral inheritance tax — Decedents' estates.</p> <p>Testator was educating a number of young persons at the time of his death, and he provided in his will for the continuance of their education and the payment to each upon graduation of $500. The appraisers fixed an amount for each of the persons being educated, upon which the collateral tax should be paid. The executors appealed from the appraisement. Feld, (1) that the tax on the expenses of education, apart from the legacy of $500, must be borne by the estate; (2) that in this proceeding the executors had no interest in the question as to whether the tax is now due and payable, or payable in the future.</p>