236 Pa. 213 | Pa. | 1912
Opinion by
The domicile of the decedent at the time of her death was in Prance. She was a widow and left no lineal descendant. She owned real estate in this state which was appraised at $17,500, and, as there was no conversion of it into personalty by the terms of her will, its liability to collateral inheritance tax was conceded. In 1853 she placed a certain fund in the hands of trustees in the city of Philadelphia, and when she died it was held by their successors. Seven-eighths of it represented accumulations, and the whole of it consisted of bonds, mortgages and obligations of individuals and corporations. Prom the disallowance of the Commonwealth’s claim to collateral inheritance tax on this personal fund it has appealed.
The deed of trust executed by the decedent does not seem to have been before the court below, and we are ignorant of its terms and provisions. It does appear, however — apparently by admission — that she could
While as a general rule the situs of personal property follows the owner, some species of personalty may, for particular purposes, have a situs distinct from the legal one. This was recognized in Small’s Estate, 151 Pa. 1, because the property of the limited partnership in this state, in which the foreign decedent held stock, “was largely made up of lands, merchandise, flour, grain and other personal property which had a visible and tangible existence and an actual situs in this state.” Great reliance seems to be placed on this case as an authority sustaining the claim of the Commonwealth for collateral inheritance tax on the bonds, mortgages and obligations which were held here for the Countess de Noailles; but, in relying upon it, counsel seem to overlook what was further said by Mr. Chief Justice Sterrett : “As a general rule, intangible personal property of a nonresident, such as bonds, mortgages and other choses in action, is
Decree affirmed at appellant’s costs.