TAXATION - VALIDITY OF RETROACTIVE INHERITANCE TAX ON CONTINGENT TRUST REMAINDERS

In 1877 the settlor created an irrevocable trust with reservation of the income for life. Under the terms of the trust deed, on the death of the settlor, the income was to be paid for twenty years after the settlor's death "to and among such of" settlor's children as may be living at the time of the payment. The living issue of deceased's children were to take by right of representation. On the death of the settlor in 1931 the state of Massachusetts by statute enacted in 1907 taxed the remainder as property passing by deed "intending to take effect in possession and enjoyment after death." Held (by a unanimous court), the tax was constitutional.

Binney v. Long, 299 U. S. 280, 57 S. Ct. 206 (1936).