Philadelphia Trust, Safe Deposit & Ins. v. McCoach

Third Circuit

Philadelphia Trust, Safe Deposit & Ins. v. McCoach

129 F. 906, 64 C.C.A. 338, 1904 U.S. App. LEXIS 4105

CourtCourt of Appeals for the Third Circuit

DecidedMay 26, 1904

DocketNo. 29

StatusPublished

Cited by1 cases

This text of 129 F. 906 (Philadelphia Trust, Safe Deposit & Ins. v. McCoach) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Philadelphia Trust, Safe Deposit & Ins. v. McCoach, 129 F. 906, 64 C.C.A. 338, 1904 U.S. App. LEXIS 4105 (3d Cir. 1904).

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Opinion

DALLAS, Circuit Judge.

In this case the interest of a daughter in her father’s estate, which, by the terms of his will, she was not to take unless she should survive her mother, was adjudged to be liable to tax, notwithstanding the statutory exemption from such tax of “a contingent beneficial interest not absolutely vested in possession or enj oyment.” That this adjudication was erroneous is shown in the opinion filed herewith, in the case of Land Title & Trust Company, Executor, etc., v. McCoach, Collector of Internal Revenue, 129 Fed. 901, and in the opinion and judgment of the Supreme Court of Pennsylvania in Holmes’ Appeal, 116 Pa. 246, 9 Atl. 341.

The judgment of the Circuit Court in favor of the defendant upon his demurrer to the plaintiffs’ statement of claim is reversed, and the cause will be remanded to that court, with direction to enter judgment thereon in favor of the plaintiffs.

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DALLAS, Circuit Judge.

In this case the interest of a daughter in her father’s estate, which, by the terms of his will, she was not to take unless she should survive her mother, was adjudged to be liable to tax, notwithstanding the statutory exemption from such tax of “a contingent beneficial interest not absolutely vested in possession or enj oyment.” That this adjudication was erroneous is shown in the opinion filed herewith, in the case of Land Title & Trust Company, Executor, etc., v. McCoach, Collector of Internal Revenue, 129 Fed. 901, and in the opinion and judgment of the Supreme Court of Pennsylvania in Holmes’ Appeal, 116 Pa. 246, 9 Atl. 341.

The judgment of the Circuit Court in favor of the defendant upon his demurrer to the plaintiffs’ statement of claim is reversed, and the cause will be remanded to that court, with direction to enter judgment thereon in favor of the plaintiffs.

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Bluebook (online)

129 F. 906, 64 C.C.A. 338, 1904 U.S. App. LEXIS 4105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philadelphia-trust-safe-deposit-ins-v-mccoach-ca3-1904.

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