125 Iowa 420 | Iowa | 1904
A. W. Chilcote died testate April 25, 1895, and his will was admitted to probate in May of the same year. He left a widow, but no children. The sum of $15,-000 was bequeathed to his relatives, to offset sums previously advanced to relatives of his wife, and this was paid prior to July 1, 1896. To her he gave the income of the entire estate until her death, which occurred in March, 1901, and directed that all the property should then be converted into money, and certain sums paid to named collateral heirs of himself, and others in equal amount to collateral heirs of his wife, and that any moneys remaining should be divided among these legatees in proportion to the amounts specifically named. The executors have reduced the property to cash, are ready to pay it over to those entitled thereto, and would doubtless have done so but for the interposition of the State’s claim for the collection of the collateral inheritance tax. The statute first exacting this tax was enacted by thé Twenty-Sixth General Assembly, and took effect July 4, 1896, more than a year after the testator’s death. See chapter 28, page 35, Acts Twenty-Sixth General Assembly. Unless retroactive in operation, the property is not subject to the inheritance tax. All statutes are to be construed as prospective in their operation, unless the contrary is distinctly expressed' or is to be clearly implied. Section 1 of the above chapter reads: “ All property * * * which shall pass by will, or by the intestate laws of this or any other State, or by
