Case Citator › Blackstone v. Miller

Blackstone v. Miller

Is it still good law? What later courts have actually done to this case.

Overruled
Court
Supreme Court of the United States
Citation
188 U.S. 189
Decided
Confirmed treatments
1
Flagged citations read
43 of 43
Citing cases (total)
43
Treatment dates
1930

Status

Overruled
A reviewed court has overruled this case. Blackstone v. Miller was expressly overruled by the Supreme Court in Farmers Loan & Trust Co. v. Minnesota. That 1930 decision rejected its approval of multiple state inheritance taxes on an intangible transfer.
More on how this was screened

The Supreme Court later revived much of Blackstone's reasoning in State Tax Commission of Utah v. Aldrich, allowing two states to tax certain intangible transfers, but described the 1930 overruling as part of the case's history. All 43 flagged citations have been read; the express overruling is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

43 later cases cite Blackstone v. Miller; 43 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Blackstone v. Miller?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled

  • The Supreme Court expressly overruled Blackstone's rule allowing multiple states to tax the same testamentary transfer of an intangible debt.

    Farmers Loan & Trust Co. v. Minnesota · Supreme Court of the United States · filed

    Having reconsidered the supporting arguments in the light of our more recent opinions, we are compelled to declare it untenable; Blackstone v. Miller no longer can be regarded as.a correct exposition of existing law; and to prevent misunderstanding it is definitely overruled.
    Read the full opinion on CourtListener →

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