CALVERT v. FORT WORTH NATIONAL BANK

No. A-8572.

356 S.W.2d 918 (1962)

Robert S. CALVERT, Comptroller, et al. Petitioners, v. FORT WORTH NATIONAL BANK, Independent Executor, Respondent.

Supreme Court of Texas.

May 9, 1962.


Attorney(s) appearing for the Case

Will Wilson, Atty. Gen., Austin, W. V. Geppert and W. E. Allen, Asst. Attys. Gen., for petitioners.

Stone, Parker, Snakard, Friedman & Brown, James A. McMullen, III, Fort Worth, with above firm, for respondent.


WALKER, Justice.

The question presented by this appeal is whether property received by the beneficiary of a will as a result of the election of the owner of such property to accept under the will is to be regarded as having passed by the will for the purpose of computing the inheritance tax imposed by Article 7117, Tex.Rev.Civ.Stat.1925, as amended. Acts 1945, 49th Leg., p. 148, ch. 98. This statute was repealed in 1959, but its provisions in substantially the same...

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