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Plate, &c. while enjoyed in kind, not liable to duty till in possession of persons having power to dispose, thereof.
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15. Provided always, . . . that no duty shall at any time be paid on any articles of plate, furniture, or other things not yielding any income, and given to or for the benefit of, or so as that the same be enjoyed by different persons in succession, whilst the same shall be so enjoyed in kind only by any person or persons not having any power of selling or disposing thereof so as to convert the same into money or other property yielding an income; but if the same shall be actually sold or disposed of, or shall come to any person or persons having power to sell or dispose thereof or having an absolute interest therein, then and in each and every such case the same duty shall be chargeable and paid thereon as if the same had been originally given absolutely and with full power to sell and dispose thereof, and shall be chargeable upon and paid by the person or persons for whose benefit the same shall be sold, or who shall have power to sell or dispose thereof or any absolute interest therein, and shall become the debt of such person or persons, but shall not be a charge or any person or persons by reason of his, her, or their having assented to such bequest as the person or persons having or taking the burthen of the execution of the will or testamentary instrument by which such bequest shall have been made.
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