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IN THE MATTER OF ESTATE OF WALTZ

No. 3-1278A326.

408 N.E.2d 558 (1980)

In the matter of the Estate of Frederick Melvin Waltz, Deceased.

Court of Appeals of Indiana, Third District.

July 28, 1980.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Wallace T. Gray, Deputy Atty. Gen., Indianapolis, for appellant.

Maxwell P. Smith and Daniel M. Graly, Parry, Krueckelberg & Smith, Professional Corp., Fort Wayne, for appellee.

GARRARD, Presiding Judge.

Frederick Waltz died testate on June 3, 1975. Under his will his brother Robert was a life beneficiary of a charitable remainder trust. In due course Indiana inheritance taxes were determined utilizing actuarial tables to value Robert's interest. However, Robert was terminally ill at the time of Frederick's death and, in fact, died eight days later on June 11, 1975.

In accord with a technical...

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