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CARPENTER ET AL. v. COMMONWEALTH OF PENNSYLVANIA

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58 U.S. 456 (1855)

17 How. 456

15 L.Ed. 127

SAMUEL H. CARPENTER, ACTING EXECUTOR, AND CHARLES WILKINS SHORT AND J. CLEVES SHORT, EXECUTORS NAMED AND RESIDUARY LEGATEES IN THE WILL OF WILLIAM SHORT, DECEASED, PLAINTIFFS IN ERROR, v. THE COMMONWEALTH OF PENNSYLVANIA.

Supreme Court of United States.

February 1, 1855.

February 13, 1855.

Attorney(s) appearing for the Case

It was argued by Mr. Ewing, and Mr. Hart, for the plaintiffs in error, and by Mr. Hood, and Mr. Scott, for the defendant.

Mr. Justice CAMPBELL delivered the opinion of the court.

The legislature of Pennsylvania, in 1826, adopted a law by which all inheritances, "being within this commonwealth," which, by the intestacy or the will of any decedent, should devolve "upon any other than the father, mother, wife, children, or lineal descendants" of such person, should be subject to the payment of a tax, now fixed at five per cent. Purd. Dig. 138, ...

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