in Scotland. Judgment given by Lord Gillies, 10 February, 1841. Property in this country belonging to a foreigner who dies abroad and appoints an English executor, and bequeaths to English legatees, is not liable to legacy duty. A testator, born in America in 1764, went to Scotland, when a minor, for the purposes of education, and after he had attained his majority, in 1788 sailed for India, describing himself in the ship's books as an American; he remained in India thirty years, when he returned to Europe, leaving the bulk of his property in Bengal; and afterwards, having been in America, visited England, Scotland, and the Continent, when he returned to America, entered into agricultural pursuits there, and continued to draw his property to that country, until his death at New York in 1826. Held, that he was an American citizen. In re Bruce, 2 Crompton and Jervis, 436. Acting under Probate of Will, or Letters of Administration, granted by the Court of thousand eight hundred and Name of the Legatee or next of Kin. Degree of Rela- Describe the Na-1 Rate Value. Duty of Amount of Duty. £ RECEIVED the Share of Residue above mentioned, having first allowed or paid day of 18 for the duty thereon. the Sum of for Duty on Account of the within-mentioned Legacy. PENALTIES.-The Receipt must be dated on the Day of signing, and the Duty paid within twenty-one days after, under a Penalty of £10 per Cent. on the amount of the Duty; and if the Duty be not paid within three months from the date of the Receipt, a penalty will be incurred of £10 per Cent. on the amount or value of the Legacy: and the Commissioners of Stamps cannot, under any circumstances, stamp a Receipt on which the Duty shall not be paid within the time limited, unless the Penalty be also paid. Note.-Rents, Interests, or Dividends of Legacies, down to the Date of the Receipt, must be added to the Legacy, and Duty paid thereon, Acting under Probate of Will, or Administration with Will an nexed, granted by the Court of on the day of one thousand eight hundred and RECEIVED the Amount of the Year's Annuity Balance Received.... £ RECEIVED (B) the day day of 18 the being the Year's payment for the Duty thereon. of my Annuity above-mentioned, having first allowed or paid For Penalties, see Legacy Receipt. for Duty on Account of the within-mentioned Annuity. OBSERVE.-The Duty on Annuities is payable by four Annual Instalments in the first four years from the commencement of the Annuity, and a penalty will be incurred if each of the succeeding Instalments of Duty be not paid in due time. Should the Annuitant die before the four years have expired, the dute of his or her death must be communicated, in writing, to the Comptroller of the Legacy Duties. |