McCoach v. PrattAnnotate this Case
236 U.S. 562 (1915)
U.S. Supreme Court
McCoach v. Pratt, 236 U.S. 562 (1915)
McCoach v. Pratt
Argued January 25, 1915
Decided March 1, 1915
236 U.S. 562
Where testator died before July 1, 1902, but creditors had the right, under the local law, as in Pennsylvania, to file claims within a year, and legatees cannot demand payment out of the personal estate until after ascertainment that there is a residue available for payment of legacies, the interests of the legatees were not absolutely vested in possession or enjoyment prior to July 1, 1902, and the tax paid on such legacies under the War Revenue Act of 1898 should, pursuant to § 3 of the Act of June 27, 1902, be refunded. United States v. Jones, ante, p. 236 U. S. 106, followed, and Hertz v. Woodman,218 U. S. 205, distinguished.
201 F. 1021 affirmed.
The facts, which involve the construction of the War Revenue Act of 1898 and the refunding act of June 27, 1902, are stated in the opinion.
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