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Graves v. Elliott, 307 U.S. 383 (1939)
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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.
Graves v. Elliott, 307 U.S. 383 (1939)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 307 U.S. 357, click here.
Graves v. Elliott No. 372, October Term, 1937 Argued January 9, 1939 Reargued April 28, 1939 Decided May 29, 1939 307 U.S. 383
CERTIORARI TO THE SURROGATES COURT
OF THE COUNTY AND STATE OF NEW YORK
Syllabus
Decedent, while domiciled in Colorado, transferred to a Colorado bank certain bonds to be held upon certain specified trusts with specified powers in the trustee to administer, invest, reinvest, etc. The trust indenture provided that the trustee should pay over the income to decedent’s daughter for life and afterward to the daughter’s children until each had reached the age of twenty-five years, when a proportionate share of the principal of the trust fund was to be paid over to such child. In default of such children, the principal was to revert to decedent and pass under her will. She reserved the right to remove the trustee, to change any beneficiary of the trust, and to revoke the trust and revest herself with the title to the property, the trustee in that event undertaking to assign and deliver to her all the securities then constituting the trust fund. After creating the trust, decedent became and remained a domiciled resident of New York, where she died without appointing new beneficiaries of the trust or revoking it. Meanwhile, the trustee continued to administer the trust and held possession of the bonds evidencing the intangible property of the fund. Following her death, the taxing authorities of Colorado assessed a tax on the transmission at death of the trust fund.
Held, that the State of New York could constitutionally levy a transfer tax upon the relinquishment at death of the power of revocation, measured by the value of the intangibles. Curry v. McCanless, ante, p. 357. P. 386.
274 N.Y. 10, 634, 8 N.E.2d 42. 10 N.E.2d 587, reversed.
Certiorari, 305 U.S. 667, to review a judgment, entered on remittitur from the Court of Appeals of New York, which reversed an order of the Surrogates’ Court confirming a transfer tax assessment. 248 App.Div. 713, 153 Misc. 70.
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Chicago: U.S. Supreme Court, "Syllabus," Graves v. Elliott, 307 U.S. 383 (1939) in 307 U.S. 383 307 U.S. 384. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=T5QG8VF8IPIJD2Z.
MLA: U.S. Supreme Court. "Syllabus." Graves v. Elliott, 307 U.S. 383 (1939), in 307 U.S. 383, page 307 U.S. 384. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=T5QG8VF8IPIJD2Z.
Harvard: U.S. Supreme Court, 'Syllabus' in Graves v. Elliott, 307 U.S. 383 (1939). cited in 1939, 307 U.S. 383, pp.307 U.S. 384. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=T5QG8VF8IPIJD2Z.
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