IN RE ESTATE OF CHADWICK

No. 35080.

167 Ohio St. 373 (1958)

IN RE ESTATE OF CHADWICK: THE SECOND NATIONAL BANK OF WARREN, ADMR., APPELLANT, v. DEPARTMENT OF TAXATION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided March 19, 1958.


Attorney(s) appearing for the Case

Mr. James W. Frey and Messrs. Hoppe, Day & Ford, for appellant.

Mr. William Saxbe, attorney general, and Mr. Gerald A. Donahue, for appellee.


WEYGANDT, C. J.

By reason of the uncertain and confusing manner in which the matter was handled by the Court of Probate, the initial question here presented is a procedural one.

The first determination in that court on September 7, 1955, was in conformity with the views of the plaintiff to the effect that the succession was not taxable. Then two days later on September 9, the defendant Department of Taxation wrote the court a letter reading in part as follows...

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