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STATE v. SHOCK'S ESTATE

No. 18,211.

122 Ind. App. 713 (1952)

106 N.E.2d 814

INDIANA DEPARTMENT OF STATE REVENUE, INHERITANCE TAX DIVISION v. THE ESTATE OF ARTHUR SHOCK, ELIZABETH D. BUTLER, EXECUTRIX.

Court of Appeals of Indiana.

Rehearing denied September 10, 1952.

Transfer denied October 28, 1952.

Attorney(s) appearing for the Case

J. Emmett McManamon, Attorney General; John J. McShane, Lloyd C. Hutchinson, Joseph E. Nowak, and Robert F. Wallace, Deputies Attorney General, for appellant.

John L. DeVoss, of Decatur, Thomas Longfellow and James W. Jackson, both of Ft. Wayne, Robert P. Smith (of counsel), of Washington, D.C.; Merle H. Miller, H. Gene Emery, Amicus Curiae; Ross, McCord, Ice & Miller (of counsel), of Indianapolis, for appellee.

ACHOR, C.J.

This action was brought by appellant pursuant to § 11 of the Acts of 1931, Ch. 75, § 6-2411, Burns' 1933, for the purpose of a rehearing, reappraisement and redetermination of the inheritance tax due under and pursuant to said Inheritance Tax Law.

The controversy arose by reason of a bequest made by Arthur Shock, deceased, to the Shriners' Hospital for Crippled Children, a corporation. The sole question

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