IN RE OSTLER'S ESTATE

No. 8269.

4 Utah 2d 47 (1955)

286 P.2d 796

IN THE MATTER OF THE ESTATE OF HARRY OSTLER, DECEASED. ALLIE S. OSTLER AND HARRY R. OSTLER, EXECUTORS, RESPONDENTS, v. STATE TAX COMMISSION OF UTAH, APPELLANT.

Supreme Court of Utah.

July 23, 1955.


Attorney(s) appearing for the Case

Harley W. Gustin, Pugsley, Hayes & Rampton, C. Preston Allen, Salt Lake City, for appellant.

McCullough, Boyce & McCullough, Salt Lake City, for respondents.


McDONOUGH, Chief Justice.

The widow of Harry Ostler, Allie S. Ostler, and a son, Harry R. Ostler, were named as his executors in his will. Since Mrs. Ostler elected to renounce her husband's will and take instead the distributive share of one-third of all real property possessed by him during the marriage under U.C.A. 1953, 74-4-3, the executors excluded from their computation for the Utah State Inheritance Tax an item of $13,600, representing one-third of the value...

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