OVIATT v. OVIATT

No. 752188.

24 Ohio Misc. 98 (1970)

OVIATT ET AL., EXRS., v. OVIATT ET AL.

Probate Division, Common Pleas Court of Cuyahoga County.

Decided July 8, 1970.


Attorney(s) appearing for the Case

Messrs. Kimmel, Martin & Jessee, for plaintiffs.

Mr. Norman T. Patton, for defendant Louise C. Oviatt.

Mr. Clarence J. Oviatt and Mr. Richard A. Oviatt, for defendants Clarence J. Oviatt et al.


ANDREWS, Chief Referee.

This case is concerned with the question of who is to bear the burden of the federal and Ohio estate taxes as between the surviving spouse and the testator's five children by a former marriage. All the children are adults.

The testator's will was executed on May 9, 1968, and he died on June 8, 1969.

Item 2 of his will reads as follows:

"I direct my executors to pay all inheritance, federal estate and any other similar...

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