The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-01-15

unlocked for legacy of $5O,4OO each, ac-
cordng to the appraised valuation, but
which will amount to vastly more when
it's real value is considered. A careful
estimate places the value of these leg
acies at 100000 each. The value of the
residue which goes to the city of Win
chester, the residuary legatee, is fixed
at 100000.
The whole estate, Judge Archibald
concludes, is subject to the collateral
inheritance tax, even including the
real estate in Virginia and West Nir-
gina, which is virtually made person.
atty, he contends, because it is in
stipulated line to be turned into cash
and distributed by a court of the COM
monwealth of Pennsylvania. This dis
misses the objection made by the appel
liant that realty in a foreign state is not
subject to the collateral inheritance
tax of this state. Another contention
of the appellants-that at all events the
city of Winchester can not be taxed for
it's legacy until it comes into the en-
joyment of it's dismissed on the
grounds that to enjoy that privilege
the city should have within one year
after the death of the testator filed
an account Of the expected estate with
the register of this county and given
security for the payment of the tax,
which the appellant in this case failed
to do.
The substance of the opinion is APP
pended. 1t occupied thirty-seVen close
ly typewriter pages and represents,
as is readily apparent, a vast amount
of labor and research. 1t is the length
lest opinion ever written by Judge
Archibald. 1t was for the purpose of
giving him an opportunity to complete
it this week that he called Judge Purdy
of Honesdale, to preside in his place in
court room No. ..
JUDGE ARCHBALD'S OPINION.
Appeals of executors and of City of
Winchester, reSiduary legatee, from
aprraisement for collateral inherit
anCe tax.
The appraiser from whom these ap-
peals are taken has made a report eX-
cellent in form and correct in the main
in principle. The chief variance which
we have with it Is as to values. The
questions raised by the appeals can
best be disposed of by being taken up
as they are presented by the exceptions
assigned to the appraisement. 1t is
every thing embraced in It which sug-
gests that some of them are merely
formal, but when we have considered
and passed upon them all we can be
sure that the whole case has been duly
met as ii is laid before us. The eXcep-
tions of the executors and of the res
iduary legatee are the same both in
substance and in the order in which
they are assigned and they may there
hA nd Of
gether. 1t is true that a motion has
been made to dismiss the appeal of the
city for want of the security required
by law, but in an opinion just filed
opportunity has been given to remedy
this defect and in anticipation that it
will be complied with we will meantime
regard the appeal as before us and dis
post of it the same as if no such motion
had heen made.
l. Just why the insurance upon the
decedents life is excepted to we do not
well see. 1t forms a part of the per-
sonal estate and passes under the will
with the rest of the estate to collater-
ais, and is subject to Il tax in conse-
quence.
2, The same Is true as to the house
hold effects, library, statuary, works
of art, etc, in the residence of the de-
ceased. That the value of $1,000 given
to this property is excessive we cannot
agree to.
3, What is said with regard to the
household effects is true in all par
ticulars as to the furniture found at
No. 428 Lackawanna avenue, Scranton,
assessed at $500.
4. The estate of the decedent is ac-
credited with 49G shares of the capital
stock of the Equity Improvement COM
pany of Scranton, Pa, which is ap-
praised at $4475l per share, making
a total of S236,S44.9 There is no evil
dence to call this appraisement in ques-
tion, and it viii have to stand. We are
hot informed by the evidence as to
what is the character Of the corpora
tion nor in what its capital is invested
nor what if any is the par or market
value of its shares. In the absence Of
any guide of this kind we must assume
that the estimate of the appraiser is
correct.
g. Considerable evidence has been
taken to call in question the appraisers
value of the shares held by the deced-
ent in the Equity Improvement COM
pany of Winchester, Va. The capital
stock of this company consists Of one
hundred thousand shares of the par
value of five dollars per share, and the
deCedent had $4,000 shares or over one