United States v. Fidelity Trust Co. - 222 U.S. 158 (1911)

U.S. Supreme Court

United States v. Fidelity Trust Co., 222 U.S. 158 (1911)

United States v. Fidelity Trust Company

No. 280

Argued November 15, 1911

Decided December 4, 1911

222 U.S. 158

Syllabus

A legacy to pay over net income to the legatee in periodical payment during the legatee's life on which the legatee has received several payments of income is not a contingent beneficial interest, but a vested life estate, and taxes paid on the value of such a legacy under the War Revenue Act of June 13, 1898, c. 448, 30 Stat. 48, 464, cannot be recovered under § 3 of the Act of June 27, 1902, c. 1160, 32 Stat. 406. Vanderbilt v. Eidman, 196 U. S. 480, distinguished.

Congress will be presumed to use familiar legal expressions in their familiar legal sense.

45 Ct.Cl. 362 reversed.

The facts are stated in the opinion.