IN RE ESTATE OF WAHLIN

No. KCD 26219.

505 S.W.2d 99 (1973)

In re ESTATE of Carl Albin WAHLIN, Deceased. Edith M. BELL and Blanche M. McAuliffe, Executrix of the Estate of Doris Hamilton, Deceased, Appellants, v. Edith M. BELL, Executrix of the Estate of Carl Albin Wahlin, Deceased, et al., Respondents.

Missouri Court of Appeals, Kansas City District.

December 31, 1973.


Attorney(s) appearing for the Case

Thomas A. Hartley, Kansas City, for appellants.

Roy P. Swanson, Milton C. Clarke, Kansas City, for respondent, Shriners Hospitals for Crippled Children; Swanson, Midgley, Eager, Gangwere & Thurlo, Kansas City, of counsel.

William B. Bundschu, Kansas City, for Edith M. Bell, executrix-respondent.

Francis L. Roach, Kansas City, for Kansas City Association for the Blind.

W. Hugh McLaughlin, Kansas City, for The Masonic Home of Missouri.

Allan W. Stopperan, Kansas City, for First Lutheran Church of Kansas City.

Carl A. Hummell, Kansas City, for The Children's Mercy Hospital.

Howard A. Crawford, Kansas City, for Gillis Home for Children.

Bernard Craig, Kansas City, for St. Joseph's Orphan Home for Girls.

Before DIXON, C.J., and PRITCHARD and SOMERVILLE, JJ.


SOMERVILLE, Judge.

This litigation arises from polemical positions taken by individual residuary legatees (who were also recipients of non-probate property) and charitable residuary legatees as to where the final burden of the federal estate tax generated by decedent's estate (probate and non-probate) should rest.

There are two issues involved on appeal: FIRST, should the charitable residuary legatees be completely exonerated from the impact of the federal...

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