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Central Hanover Bank & Trust Co. v. Kelly, 319 U.S. 94 (1943)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Central Hanover Bank & Trust Co. v. Kelly, 319 U.S. 94 (1943)
Central Hanover Bank & Trust Co. v. Kelly No. 659 Argued April 12, 13, 1943 Decided May 3, 1943 319 U.S. 94
APPEAL FROM THE COURT OF ERRORS
AND APPEALS OF NEW JERSEY
Syllabus
1. A grantor domiciled in New Jersey made in New York in 1929 a transfer of securities. The transfer was in trust, and irrevocable, to pay the income to the grantor for life, then to his wife for life if he survived him; if she predeceased him, the principal was to go to two sons, nonresidents of New Jersey. The wife predeceased, and the sons survived the grantor, who, in 1936, died domiciled in New Jersey. The securities were at all times kept in New York, and there administered by the trustee. Held, a New Jersey tax upon the transfer, measured by the value of the securities at the time of the grantor’s death, did not violate the due process or equal protection Clauses of the Fourteenth Amendment. P. 96.
2. The determination by the New Jersey courts, in applying the tax statute of that State, of the kind of interest transferred and the time when it was effected is a matter of local law, and is binding here. P. 97.
129 N.J.L. 127, 28 A.2d 174, affirmed.
Appeal from a judgment sustaining the imposition of a state tax upon a transfer of property in trust.
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Chicago: U.S. Supreme Court, "Syllabus," Central Hanover Bank & Trust Co. v. Kelly, 319 U.S. 94 (1943) in 319 U.S. 94 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=N9FZXR47NJRRLX6.
MLA: U.S. Supreme Court. "Syllabus." Central Hanover Bank & Trust Co. v. Kelly, 319 U.S. 94 (1943), in 319 U.S. 94, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=N9FZXR47NJRRLX6.
Harvard: U.S. Supreme Court, 'Syllabus' in Central Hanover Bank & Trust Co. v. Kelly, 319 U.S. 94 (1943). cited in 1943, 319 U.S. 94. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=N9FZXR47NJRRLX6.
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