(DOWNLOAD) "Estate Agnes Osterloh v. Milton Carpenter" by Supreme Court of Missouri ~ Book PDF Kindle ePub Free
eBook details
- Title: Estate Agnes Osterloh v. Milton Carpenter
- Author : Supreme Court of Missouri
- Release Date : January 12, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This proceeding is based on exceptions to the report of the Missouri inheritance tax appraiser of the estate of Agnes Osterloh,
deceased, in the Cape Girardeau Court of Common Pleas. The question presented is whether securities purchased by Agnes Osterloh
within two years prior to her death, and issued jointly in her name and the names of her sister, niece and nephews, are subject
to taxation as being a transfer made in the contemplation of death. The trial court sustained the exceptions of the executrix
and held that the securities were not properly includable in the decedent's estate because there was no transfer within the
meaning of the inheritance tax laws. The director of revenue appealed from the judgment. The director contends that the creation of the joint tenancy was a transfer of property by gift at the time the securities
were purchased, that such transfer having been made within two years prior to the death of the purchaser was presumed, in
the absence of rebutting evidence, to have been made in contemplation of death under § 145.020-1(3), RSMo 1949,
V.A.M.S., and that the trial court erred in excluding the securities from the taxable property of the estate. The supreme
court has jurisdiction of the appeal because a construction of the revenue laws of this state is involved. Art. V, §
3, Constitution of Missouri 1945.