IN RE ESTATE OF MORGAN

No. 37016.

173 Ohio St. 89 (1962)

IN RE ESTATE OF MORGAN: BOARD OF PENSIONS OF UNITED PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA ET AL., APPELLANTS, v. BOWERS, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided February 7, 1962.


Attorney(s) appearing for the Case

Messrs. Rambo & Mair, Mr. Frank O. Schilpp, Messrs. Squire, Sanders & Dempsey, Mr. Francis B. Shaw and Messrs. Funk & Funk, for appellants.

Mr. Mark McElroy, attorney general, and Mr. Robert J. Kosydar, for appellee.


BELL, J.

Section 5731.09, Revised Code, as of the date of accrual of the tax imposed herein, read in the parts pertinent hereto, as follows:

"The succession to any property passing to or for the use of * * * any established religious organization, within this state * * * or any established religious organization within any state of the United States, which does not impose an inheritance, estate, or transfer tax on property given, devised, or bequeathed by...

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