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ESTATE OF LATIMER

271 Wis. 1 (1955)

ESTATE OF LATIMER: STATE, Appellant, vs. LACKEY, Special Administrator, Respondent.

Supreme Court of Wisconsin.

October 11, 1955.

Attorney(s) appearing for the Case

For the appellant there was a brief by the Attorney General and Harold H. Persons, assistant attorney general, and Neil Conway, inheritance tax counsel, and oral argument by Mr. Persons and Mr. Conway.

For the respondent there was a brief by Everett P. Doyle and Eugene A. Williamson, both of Delavan, attorneys, and Carl B. Rix of Milwaukee of counsel, and oral argument by Mr. Doyle and Mr. Rix.

BROWN, J.

There is no doubt that the remainders which the will provided for the heirs of Mr. and Mrs. Latimer were estates in expectancy which were contingent or defeasible. It is also undisputable that no proceedings were taken to determine the tax upon them either at the time when the tax upon the vested estates was determined or otherwise until after Mrs. Widney's death. The calculation of the remainder by subtracting the...

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