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TRUST CO. v. SCHNEIDER

No. 3083.

4 Ohio App. 2d 52 (1964)

PEOPLES-MERCHANT TRUST CO., EXR., ET AL., APPELLANTS, v. SCHNEIDER, TAX COMMR., APPELLEE.

Court of Appeals of Ohio, Stark County.

Decided July 17, 1964.

Attorney(s) appearing for the Case

Messrs. Black, McCuskey, Souers & Arbaugh and Mr. Irwin E. Cohn, for appellants.

Mr. William B. Saxbe, attorney general, and Mr. Jon A. Ziegler, for appellee.

RUTHERFORD, P. J.

This is an appeal from appeal from a judgment of the Probate Court of Stark County, Ohio, determining that the bequest in item IV of the last will and testament of August Michael Rocco, deceased, is subject to succession taxes under Section 5731.02 of the Revised Code of Ohio and not subject to exemption under the provisions of Section 5731.09 of the Revised Code of Ohio.

The pertinent parts of Item IV provide:

"All the residue of...

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