Judges: OPINION OF THE COURT BY VAN SANT, COMMISSIONER
Attorneys: Lawrence S. Grauman for appellants.
Bullitt Middleton and William Mellor for appellee.
Filed: Jun. 04, 1946
Latest Update: Mar. 02, 2020
Summary: Affirming. Again we are called upon to determine the comprehensiveness of the words, "all property", as used in *Page 519 Section 172 of the Constitution, which reads: "All property, not exempted from taxation by this Constitution, shall be assessed for taxation at its fair cash value, estimated at the price it would bring at a fair voluntary sale; * * *." Appellee, Maidee L. Drake, is the beneficiary named in a policy of insurance issued by the New England Mutual Life Insurance Company, of Bost
Summary: Affirming. Again we are called upon to determine the comprehensiveness of the words, "all property", as used in *Page 519 Section 172 of the Constitution, which reads: "All property, not exempted from taxation by this Constitution, shall be assessed for taxation at its fair cash value, estimated at the price it would bring at a fair voluntary sale; * * *." Appellee, Maidee L. Drake, is the beneficiary named in a policy of insurance issued by the New England Mutual Life Insurance Company, of Bosto..
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As indicated in the dissent in the Helm case, 297 Ky. 803,181 S.W.2d 452, the majority at its first opportunity have overruled the Hikes case, 296 Ky. 163, 176 S.W.2d 112, 150 A.L.R. 779. I am still of the opinion that the Hikes case is sound and that the Helm case is not, and for the reason given in my dissent in the Helm case, I now dissent from the majority opinion herein. However, I do agree with the majority that their decision should be given only prospective effect.
