FESS, J.
The state of Ohio Appeals on questions of law from an order of the Probate Court finding a bequest to an endowment fund of a church exempt from the Ohio inheritance tax.
Under the provisions of item III of the first codicil of the will, one-third of the residue of the testator's estate was bequeathed as follows:
"To the Endowment Fund of The First Congregational Church of Toledo, Ohio, in perpetuity, the annual income therefrom to be annually...
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