In re Estate of Paige

Citations

• 6 Coffey 525

Syllabus

<p>Inheritance Tax—Nature and Effect.—The inheritance tax is not a tax in the ordinary sense of the word, but is a charge imposed by law for the privilege of inheriting or taking by will; since this is. a right only by statutory enactment and is entirely under the control of the legislature.</p> <p>Inheritance Tax—Right of Legislature to Impose.—Each state has the right, unless prohibited by its constitution, to make a charge for the privilege of receiving by will or by inheritance any property within its borders.</p> <p>Inheritance Tax—Situs of Corporate Stock.—While for most purposes a chose in action adheres to the person of its owner, for the purpose of administration it does not. For such purpose the situs is where the debtor resides. Stocks of California corporations constitute property of a decedent actually in this state.</p>