BERGREN v. ESTATE OF MASON

No. 53142.

163 N.W.2d 374 (1968)

Allan J. BERGREN and the First National Exchange Bank of Virginia, Executors of the Estate of Catherine M. Prosser, Deceased, Appellants, v. In the Matter of the ESTATE of Frances B. MASON, Deceased, Clarence Clausen and Frances M. Anderson, Executors, Appellees.

Supreme Court of Iowa.

December 10, 1968.


Attorney(s) appearing for the Case

Allan J. Bergren, Boone, for appellants.

Mahoney, Jordan & Statton, Boone, for appellees.


LARSON, Justice.

The only issue before us is whether the executors of the Frances B. Mason estate are to charge a prorata share of the federal estate tax to Catherine M. Prosser, a specific devisee, or pay the entire federal estate tax from the residue of the estate.

The trial court found the will and codicils involved were silent as to how this tax is to be paid, and held, since the federal estate tax is a tax on the gross estate collectible from all the...

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