Citation Codes Equivalent Citations citation codes Docket Number 10882 Attorney(S) Messrs. Melton Belser, for petitioner, cite: Inheritance Tax Act of 1922 is prospective in its terms: Transfer on which tax is laid is at death: Gleason Otis Inher. Tax, 28, 29; 178 U.S. 41; 190 N.Y. 492; 196 Mass. 533; 147 N.Y., 69; 151 App. Div., 441; 83 App. Div., 381; 16 L.R.A. (N.S.), 329. Inheritance tax laws are construed as prospective unless it is declared to be retroactive: Gl. Otis, 56; 121 N.Y., 710; 72 Ohio St., 448; 26 R.C.L., 176; 44 L.R.A. (N.S.), 419; 17 L.R.A. (N.S.), 733; 26 Enc. L. (2nd Ed.), 693; 55 S.C. 302; 34 S.C. 468. Question as to whether Legislature can apply Act retroactively: 8 L.R.A. (N.S.), 1180; Gl. Otis 39, 40; 51 L.Ed. (U.S.), 310; 720 Ohio St. 448. Transfer of personal property by inheritance or will takes place at death: 1 Civ. Code 1912, Sec. 3555. Administrator holds personalty for payment of debts but as a trustee for that purpose:11 Enc. L. 986; 26 S.C. 30; 190 N.Y., 492; 190 Mass. 532. Act same as New York Statute: Gl. Otis, 733. Louisiana Act different: 8 L.R.A. (N.S.), 1180. Messrs. Samuel M. Wolfe, Attorney General; and J. Fraser Lyon, for the Tax Commission, cite: Succession to beneficial interest does not take place until actual transfer is made by the fiduciary:11 R.C.L. 152, Sec. 161; 1 Bail. L. 126; 58 S.C. 166; 40 S.E. 899; 15 L.Ed. 126; 75 Am. Dec. 559. See more information ... Smart Summary Please sign up to generate summary. BELSER, ADMR., v. S.C. TAX COMMISSION. April 23, 1922. Per Curiam. This application for injunction in the original jurisdiction of this Court. The purpose is to secure a construction of the Inheritance Tax Act, passed at the last session of the General Assembly. The question is: Are estates in process of settlement, at the time of the passage of the Act, liable for the tax? The answer is: Estates now in progress of settlement, where the deceased died before the passage of the Act, are not liable for the inheritance tax. The only question is as to the construction of the Act. It is very clear that the Act is prospective. It is the judgment of this Court that the petition be granted.