IN RE ESTATE OF DANIEL

No. 33088.

159 Ohio St. 109 (1953)

IN RE ESTATE OF DANIEL: DEPARTMENT OF TAXATION OF OHIO, APPELLEE, v. THE FIFTH THIRD UNION TRUST CO. ET AL., EXRS., ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided March 11, 1953.


Attorney(s) appearing for the Case

Mr. C. William O'Neill, attorney general, and Mr. J. M. Burtch, Jr., for appellee.

Mr. Walter K. Sibbald, for appellants.


MATTHIAS, J.

The question presented is whether, where the portion of the profit sharing and pension trust of the Early & Daniel Company, credited to the account of a decedent employee, is paid to his widow as his designated beneficiary, such payment is a succession and taxable under Section 5332, General Code.

E. L. Daniel, an employee of the Early & Daniel Company, continued in such employment until his death at the age of 54 years. Prior to his death...

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