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UNIVERSITY OF LOUISVILLE v. LIBERTY NAT. BANK & T. CO.

499 S.W.2d 288 (1973)

UNIVERSITY OF LOUISVILLE and Visiting Nurse Association, Appellants, v. LIBERTY NATIONAL BANK & TRUST COMPANY, etc., et al., Appellees.

Court of Appeals of Kentucky.

September 14, 1973.

Attorney(s) appearing for the Case

S. L. Greenebaum, Michael M. Fleishman, Greenebaum, Grissom, Doll, Matthews & Boone, Louisville, for University of Louisville.

James S. Welch, Ogden, Robertson & Marshall, Louisville, for Visiting Nurse Association.

Ray W. LeMaster, Jr., Edwin H. Stierle, Louisville, Jacob G. Rudy, New Albany, Ind., Joseph J. Kaplan, Leslie D. Aberson, Garland Hubbard, Louisville, Henry B. Reiling, New York City, for appellees.

CULLEN, Commissioner.

The circuit court entered a judgment holding that the Federal estate taxes and Kentucky inheritance taxes assessed against the estate of Harry R. Kettig, deceased, should be paid "off the top" of the estate rather than proportionally out of each bequest that contributed or added to the tax liability. The result of the holding was to decrease substantially residuary bequests for certain educational, religious and charitable purposes. The recipients...

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