Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 45
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...the deceased, for not less than ten years prior to death, stood in mutually acknowledged relation of a parent, or to any lineal descendant born in lawful wedlock; in every such case the rate of tax shall be one dollar on every hundred dollars of the clear market value of such property, and at and after the same rate for every less amount, provided that an estate which may be valued at a less sum than seventy-five hundred dollars shall not be subject to any such tax or duty. In all other cases the rate shall be five dollars on each and every hundred dollars of the clear market value of all property and at the same rate for any amount, provided that an estate which may be valued at a less sum than five hundred dollars shall not be subject to any such duties or tax; provided, further, that said tax shall be levied.and collected upon the increase of all property arising between the date of death and the date of the decree of distribution, and upon all estates which have been probated before, and shall be distributed after the passage and taking effect of this Act." (Sess. Law: 1897, p. 83; Rev. Codes, sec. 7724.) 45 Mont.--22 Although this provision has several times been examined upon questions touching its validity on constitutional grounds and to ascertain its meaning in other particulars, the question now before us is entirely new. The nature of the imposition waconsidered in Gelsthorpe v. Furnell, 20 Mont. 299, 39 L. R..'. 170, 51 Pac. 267. The conclusion was reached that it is not a 1 tax upon property, but a duty imposed by the state upon the right to receive property by testamentary disposition or succession, or by any deed or instrument to take effect at or after the death of the testator. That such is the nature of the...
- Paperback | 240 pages
- 189 x 246 x 13mm | 435g
- 13 Sep 2013
- Illustrations, black and white