MOORE ESTATE


445 Pa. 17 (1971)

Moore Estate.

Supreme Court of Pennsylvania.

October 12, 1971.


Attorney(s) appearing for the Case

Philip A. Bregy, with him Thomas F. Nelson, Roland Fleer, William J. Ramage and Kirkpatrick, Lockhart, Johnson & Hutchison, for appellant.

Eugene J. Anastasio, Deputy Attorney General, with him Vincent X. Yakowicz, Francis J. Gafford, Edward T. Baker, Deputy Attorney Generals, Perry L. Reeher, Counsel, and J. Shane Creamer, Attorney General, for Commonwealth, appellee.

Before BELL, C.J., JONES, EAGEN, O'BRIEN, ROBERTS and BARBIERI, JJ.


OPINION BY MR. JUSTICE ROBERTS, October 12, 1971:

The Act of May 28, 1956, P.L. (1955) 1757, as amended, 72 P.S. § 2301.1, provides that no inheritance tax shall be imposed upon charitable transfers. At issue in this appeal is the applicability of this statutory exemption to a charitable transfer pursuant to a general testamentary power of appointment created before but exercised after the effective date of the statute. We hold that this chronology qualifies...

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