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RIECK ESTATE

No. 457 of 1944.

74 Pa. D. & C. 553 (1949)

Rieck Estate

Common Pleas Court of Allegheny County, Pennsylvania.

November 7, 1949.

Attorney(s) appearing for the Case

Bert H. Smyers, for executors.

Lee W. Eckels, James S. Crawford, 3rd, and Thorp, Bostwick, Reed & Armstrong, for Fidelity Trust Company, one of the executors, petitioner.

William H. Eckert, James B. Warden and Smith, Buchanan & Ingersoll, for Harry R. Birmingham, executor of the estate of Mary E. Rieck, deceased.

Robert L. Kirkpatrick and Kirkpatrick, Pomeroy, Lockhart & Johnson, for Mellon National Bank & Trust Co., trustee under life insurance trust.

Tice F. Ryan and Bialas & Ryan, for life beneficiaries under life insurance trust.

John R. Holland, trustee ad litem for interests in posse under will.

BOYLE, J., November 7, 1949.

The petition filed by the Fidelity Trust Company, one of the executors of the estate of Edward E. Rieck, deceased, for apportionment of the Federal estate tax paid by the executors presents the following questions:

1. Where the tax estate includes property upon which State inheritance taxes have been paid and other property exempt from payment of State inheritance taxes: (a) Is the Federal estate tax which is to be prorated under...

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