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IN THE MATTER OF ESTATE OF MARTINDALE

No. 2-1180A368.

423 N.E.2d 662 (1981)

In the matter of the Estate of Lucile Martindale, Deceased, Indiana Department of State Revenue, Inheritance Tax Division, Appellant (Petitioner below), v. ESTATE OF LUCILE C. MARTINDALE, Appellee (Respondent below).

Court of Appeals of Indiana, Second District.

July 22, 1981.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Wm. Eric Brodt, Alembert W. Brayton, Deputy Attys. Gen., Indianapolis, for appellant.

Bryon P. Hollett, Jerry R. Jenkins, Thomas A. Vogtner, Baker & Daniels, Indianapolis, for appellee.

SHIELDS, Judge.

The Indiana Department of Revenue, Inheritance Tax Division (hereinafter Department) appeals the trial court's denial of the Department's petition to redetermine the amount of inheritance tax due and owing from the estate of Lucile C. Martindale (Lucile).

We affirm.

The facts are not in dispute. Elijah B. Martindale died testate on October 21, 1967. Item VI of his will established a marital trust for the benefit of his wife, Lucile...

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