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IN RE ESTATE OF RESSEGER

No. 12700.

161 S.E.2d 257 (1968)

In the Matter of the ESTATE of Elmer RESSEGER, Deceased. Mary E. RESSEGER, Executrix of the Last Will and Testament of Elmer Resseger, Deceased, v. G. Thomas BATTLE, State Tax Commissioner of West Virginia.

Supreme Court of Appeals of West Virginia.

Decided May 28, 1968.

Attorney(s) appearing for the Case

C. Donald Robertson, Atty. Gen., Louise M. Barr, Asst. Atty. Gen., Charleston, for plaintiff in error.

Rickey & Chase, J. W. Rickey, Raymond R. Hyre, Moundsville, for defendant in error.

HAYMOND, Judge:

The question to be determined upon this writ of error to the final judgment of the Circuit Court of Marshall County in this proceeding is whether the provisions of Section 1(c) or the provisions of Section 1(d), Article 11, Chapter 11, Code, 1931, as amended, relate to and render taxable certain assets of the estate of Elmer Resseger, deceased, which by transfer made less than three years before the death of Elmer Resseger in Marshall County, West...

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