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ARMACK'S ESTATE v. STATE

No. 59606.

561 S.W.2d 109 (1978)

In the Matter of the ESTATE of Ida A. ARMACK, Deceased, Derbin Fleming, Executor, Respondent, v. STATE of Missouri, Appellant.

Supreme Court of Missouri, En Banc.

February 8, 1978.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., J. Michael Davis, Asst. Atty. Gen., Jefferson City, for appellant.

Max B. Benne, Mound City, for respondent.

FINCH, Judge.

The State appeals from a judgment affirming the assessment of inheritance tax in the Estate of Ida A. Armack, deceased. We have jurisdiction because construction of the revenue laws of the state is involved. Art. V, § 3, Mo.Const.

This case was submitted in the circuit court on an agreed statement of facts. Only two questions are presented on appeal. The first is whether a bequest to a cemetery to be used for the care and maintenance of...

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