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IN RE ESTATE OF HART

No. 7930.

3 Ohio App. 2d 129 (1965)

IN RE ESTATE OF HART SCHNEIDER, TAX COMMR., APPELLANT, v. BALL, EXR., APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided August 3, 1965.

Attorney(s) appearing for the Case

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

Messrs. Hengst & Ball, for appellee.

DUFFEY, J.

This is an appeal by the state Tax Commissioner from an order of the Probate Court of Franklin County determining inheritance taxes. Chapter 5731, Revised Code. The appeal is confined to the basis of taxation on one item only.

During his life the decedent borrowed $5,000 from Blanche Porter. He executed his promissory note, payable on demand, and delivered it to her. The note was unpaid at the time of his death. The will provided that she have a...

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