McDOUGALL v. BANK.

No. 32675.

157 Ohio St. 45 (1952)

McDOUGALL, ADME., APPELLANT, v. CENTRAL NATIONAL BANK OF CLEVELAND, TRUSTEE, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 5, 1952.


Attorney(s) appearing for the Case

Messrs. Sayre, Vail & Steele, for appellant.

Messrs. Bricker, Marburger, Evatt & Barton and Mr. John Eckler, for appellee Ruth B. Miller.

Messrs. Kiefer, Waterworth, Hunter & Knecht, for appellee Central National Bank of Cleveland.


TAFT, J.

The principal question to be decided in the instant case may be stated as follows:

Where assets outside of the probate estate are included in a decedent's taxable gross estate for estate tax purposes and such inclusion increases the federal estate tax and where the decedent has expressed no intention by will or otherwise as to the ultimate impact of that tax, may any portion of the burden of the federal estate tax be apportioned against such assets...

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