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IN THE MATTER OF ESTATE OF JACKSON

No. 2-680A176.

409 N.E.2d 1251 (1980)

In the matter of the Estate of Marjorie Jackson, Deceased. Indiana Department of State Revenue, Inheritance Tax Division, Appellant (Petitioner below), v. ROBERTA A. KOERS AND STEVEN A. KOERS, Co-Personal Representatives of Estate of Marjorie Jackson, Deceased, Appellee (Respondent below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied November 12, 1980.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Thomas D. Strodtman, Asst. Atty. Gen., Alembert W. Brayton, Deputy Atty. Gen., Jeffrey L. Hunter, Deputy Atty. Gen., Indianapolis, for appellant.

Francis J. Feeney, Jr., Feeney & Ward, Indianapolis, for appellee.

Clark & Clark, James C. Clark, Indianapolis, for amicus curiae.

YOUNG, Presiding Judge.

The Department of State Revenue, Inheritance Tax Division appeals the denial by the Marion Superior Court, Probate Division, of its motion for an order directing the clerk to enter judgment on the probate docket on a motion for summary judgment filed by the estate of Marjorie Jackson. Arguing that no proper entry of judgment as required by Ind. Rules of Procedure, Trial Rules 58 and 77(B) was made, an event it asserts to be an essential precondition...

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