IN RE ESTATE OF EVANS

No. 37227.

173 Ohio St. 137 (1962)

IN RE ESTATE OF EVANS: BOWERS, TAX COMMR., APPELLEE, v. EVANS, EXRX., APPELLANT.

Supreme Court of Ohio.

Decided February 28, 1962.


Attorney(s) appearing for the Case

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

Mr. John R. Evans, for appellant.


RADCLIFF, J.

The single question raised by this appeal is the constitutionality of Section 5731.02 (E), Revised Code, which reads as follows:

"A tax is hereby levied upon the succession to any property passing, in trust or otherwise, to or for the use of a person, institution, or corporation, in the following cases:

"* * *

"(E) Whenever property is held by two or more persons jointly, so that upon the death of one of them the survivor has a...

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