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DILMORE v. HEFLIN

No. 13390.

218 S.E.2d 888 (1975)

E. J. DILMORE et al., as Trustees of the First United Presbyterian Church of Clarksburg, etc., et al. v. W. Clair HEFLIN, Surviving Executor of the Will of Anna Lucile Lindsay, Deceased, et al.

Supreme Court of Appeals of West Virginia.

October 21, 1975.

Attorney(s) appearing for the Case

Oscar J. Andre, Ernest C. Swiger, Steptoe & Johnson, Clarksburg, for appellants.

Mary Frances Brown, Boyd L. Warner, Stathers & Cantrall, Clarksburg, for appellees.

HADEN, Chief Justice:

This is an appeal from a final order of the Circuit Court of Harrison County, which held that the executors of the will of Anna Lucile Lindsay, deceased, wrongfully paid federal estate and West Virginia inheritance taxes out of the residuum of the Lindsay estate rather than charging such taxes to the respective bequests of the non-residuary legatees.

There is but one issue in the case and it is an issue of law requiring construction of...

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