- A succession tax; a tax on the privilege of taking property of a decedent in accordance with law or on the right to receive property of a decedent. Not a tax on decedent's privilege of disposition of his property. 28 Am J Rev ed Inher T § 8. A tax on the right to successioty to property, and not on the property itself, and collectible out of each specific share or interest, and not out of the general property of the estate. Re Estate of Kennedy, 157 Cal 517, 108 P 280. Not a debt. Anno: 150 ALR 1287; 47 ALR2d 1015. Although the term "inheritance tax" has been sometimes so employed as to include taxes of the nature of estate duties, proper regard for the etymology of the term is sufficient to restrain extension of its meaning beyond succession duties. The term as used in a private document, however, may well be deemed to have been intended to cover taxes which are technically estate taxes as well as those which are strictly inheritance taxes. 28 Am J Rev ed Inher T § 8. See collateral inheritance tax; estate tax; lineal inheritance tax; net estate; net succession; progressive tax.
Ballentine's law dictionary. Anderson, W.S.. 1998.
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