KENTUCKY BD. OF TAX APP. v. CITIZENS FID. B. & T. CO.


525 S.W.2d 68 (1975)

KENTUCKY BOARD OF TAX APPEALS et al., Appellants, v. CITIZENS FIDELITY BANK AND TRUST COMPANY, Executor of the Estate of Lois Don Clancy, Deceased, Appellee. CITIZENS FIDELITY BANK AND TRUST COMPANY, Executor of the Estate of Lois Don Clancy, Deceased, Cross-Appellant, v. KENTUCKY BOARD OF TAX APPEALS et al., Cross-Appellees.

Court of Appeals of Kentucky.

June 20, 1975.


Attorney(s) appearing for the Case

William P. Sturm, Legal Staff, Dept. of Revenue, William S. Riley, Asst. Atty. Gen., Dept. of Revenue, Frankfort, for appellants and cross-appellees.

Edwin G. Middleton, Middleton, Reutlinger & Baird, Louisville, for appellee and cross-appellant.


PALMORE, Justice.

This case involves the construction and constitutional validity, under the equal protection clause of the 14th Amendment, of KRS 140.040, which applies to powers of appointment.

The appellee and cross-appellant, Citizens Fidelity Bank and Trust Company (hereinafter called the executor), is executor of the will of Lois Don Clancy, who died in 1962 a resident of Kentucky. Mrs. Clancy was the life beneficiary with power to appoint the remainder...

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