Owen J. Roberts, White v. Poor — Opinion of the Court
“ The court also ruled that to impose an excise tax on the transfer by a statute enacted after the transfer was complete would constitute a taking of property without due process in violation of the Fifth Amendment. ”
Owen J. Roberts, White v. Poor — Opinion of the Court
“ When, a year later, the daughter resigned a new trustee could be appointed only by the written nomination of the two remaining trustees with the approval of all the beneficiaries of the trust. By such concerted action Mrs. Sargent was again appointed a trustee. She then acquired any power for the future to participate in a termination of the trust solely by virtue of the action of the other trustees and the beneficiaries, and not in any sense by virtue of any power reserved to herself as settlor in the original declaration of trust. ”
