Klein v. United States, 283 U.S. 231 (1931)

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Klein v. United States


No. 387


Argued February 27, 1931
Decided April 13, 1931
283 U.S. 231

CERTIORARI TO THE COURT OF CLAIMS

Syllabus

1. One of two habendum clauses in a deed conveyed a life estate, reserving the fee, and declaring that it should remain vested in the grantor if the grantee died before him; by the other, the grantee was to take the fee in the event that she survived the grantor, and in that case only. Held, a grant of a life estate and contingent remainder. P. 233.

2. The estate transfer tax of Revenue Act of 1918, § 402(c), is constitutionally applicable to a contingent remainder, become vested by the death of the grantor, which was granted by a deed executed before the effective date of that Act but while the Act of 1916, § 202, containing the same taxing provision, was in force. P. 234.

70 Ct.Cls. 151, 42 F.2d 596, affirmed.

Certiorari, 282 U.S. 828, to review a judgment rejecting a claim for refund of money collected as part of a federal estate tax.