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STATE v. NATIONAL BANK OF LOGANSPORT

No. 2-278A63.

402 N.E.2d 1008 (1980)

STATE of Indiana, Indiana Department of State Revenue, Inheritance Tax Division, Appellant (Plaintiff), v. The NATIONAL BANK OF LOGANSPORT, Executor of the Estate of Ora E. Carlile, Deceased, Appellee (Defendant).

Court of Appeals of Indiana, Second District.

April 3, 1980.

Attorney(s) appearing for the Case

Theo. L. Sendak, Atty. Gen., Victoria R. Van Duren, Deputy Atty. Gen., Indianapolis, for appellant.

Richard A. Molique, Logansport, for appellee.

SULLIVAN, Judge.

The State of Indiana, Indiana Department of State Revenue, Inheritance Tax Division (Revenue Department) appeals from a judgment allowing Margaret Ellen DePoy (Mrs. DePoy) preferential status as a "Class A transferee" for inheritance tax purposes.

The facts are undisputed. Mrs. DePoy's stepmother, Ora E. Carlile, died testate on October 13, 1976. Mrs. DePoy was named as a residuary legatee under the will. Mrs. DePoy claims that she is entitled...

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