mnnmomn v. BAPELLO. r 37
ing it has its principal oIlice.(w) Ferry-boats owned in another state are not
Laxable.(:v) A vessel registered in New York and plying between Panama
and San Francisco is not taxable in California.(y) _
TBUST P1i0P12R·1*Y. Property held in trust should be assessed to the trustee
where he resides.(z) If there are two trustees, one-half may be assessed to
each,(a) without regard to the cestui que tmsts.(b) Where one executor re- .
sides within the state and transacts business pertaining to the estate, and the
y other resides abroad, the residence of the former determines the situs of the
choses in action belonging to the estate.(c) Trust property under direction of
the court is taxable in the jurisdiction having control of it.(d) An assess-
ment against the personalty of an estate may be made a personal charge
against the executor or guardian.(e) As to personalty of distribntees of an
estate in the hands of a trustee.(_/·') Money due on a land contract in the
hands of an agent is taxable.(g)
INTANGIBLE Pnorcnrr. Intangible property, not growing out of real
estate, follows the person of the owner.(h) Where the domicile of the owner
of choses in action upon which taxes were paid (under protest) was in another
state, they do not constitute property within this state, and are not subject
to taxation he1·e.(i) Although the situs of real estate, by which debts are ` »
secured, is within the state, the trust deeds are mere incidents—choses in
actions attached to the owner.(j) The sims of a bond is the residence of the
owner, wherever the obligor may reside. (k) Its locality does not depend npon
the place of the written evidence of the ownership.(l) S0 of a promissory
note secured by a bond deed.(m)
Paornarv mv Tnnusrr. A state cannot levy a tax upon property in transit
to 0th91‘ states.(n) Such property has no situs in the state, in the proper legal ·
sense of that word.(o) The personal property of one who had been a resident
of the state, but who was in itinere, on the day for the levy of taxes, for the
purpose of removing to another state, is subject to taxation.( p) One who has
left the town of his residence without the intention of returning, is, neverthe-
less, taxable there, while he remains in the commonwealth, until he has ·
(w) T1-nnsp. Co. v. Whetlng, 99 U. S. 273. (g) People v. Ogdensburg, 48 N. Y. 390; Sup·i·s
(z) St. Louis v. Ferry Co. 11 Wall. 423; Morgan v. Davenport, 401ll. 197.
v. Parham, 16 Wall. 471. (ir) Johnson v. Oregon City, 3 Or. 13.
(y) Hays v, Pacific M. S. Co. 17 How. 596; State (1) Railroad Co. v. Pennsylvania, 15 Wall.300;
v. Haight, 30 N. J. 428; People v. Com’rs. 11 Alb. Davenport City v. Mississippi Sz M. R. R. Co.12
Law J. 401. Iowa, 539: Auguste City v. Dunbar, 50 Ga. 393;
Cz) Hardy v. Yarmonth,6 Allen,277;Baltlmore People v. Eastman, 25 Cal. 601; Hayne v. De.
v. Sterling, 29 Md. 48; People v. Assessors, 40 N. liessellne, 3 McCord, 373; Johnson v. Lexington
Y. 154; State v. Matthews, 10 Ohio St. 437; Car- City, 14 B. Mon. 521; Arapahoe Co. v.Cutter, 3
lisle v. Marshall. 36 Pa. St. 397. Colo. 349.
(a) State v. Matthews, 10 Ohio. St. 437; Balti- (,1) Arapahoe Co. v. Cutter, 3 Colo. 350.
more v. Sterling, 29 Md. 48. (k) Hayne v. Dellesseline, 3 McCord, 374 ; Au.
(b) People v. Assessors, 40 N. Y. 154. gusta v. Dunbar, 50 Ga. 357. See Harper v.
(o) Johnson v. Oregon City, 3 Or. 13. Com’rs, 23 Ga. 566; Bridges v. Griffin, 33 Ga. 113. —
(d) Lewis v. Chester Co. 60 Pa. St. 325. (l) Johnson v. Oregon City, 3 Or. 13.
(e) Williams v. Holden, 4 Wend. 223; Payson (m) Arapahoe Co. v. Cutter, 3 Colo. 349.
v. Tufts, 13 Mass. 493. (n) Moflutcheon v. Rice Co. 2 McCrary, 337.
(f) see U. s. v. Hnnnewell, 13 Fed. Rep. 617, (a) Mccutcheon v. Rice Co. 2 McCrary, 337.
61BQ note. (p) McCutcheon v. Rice Co. 2 McCrary, 337.
W) W)W