WITTENBERG UNIV. v. WATERWORTH

No. C-830493.

13 Ohio App. 3d 452 (1984)

WITTENBERG UNIVERSITY ET AL., APPELLEES, v. WATERWORTH ET AL., APPELLANTS; WESTERN COLLEGE ALUMNI ASSN., APPELLEES, ET AL.

Court of Appeals of Ohio, Hamilton County.

Decided February 1, 1984.


Attorney(s) appearing for the Case

Messrs. Porter, Wright, Morris & Arthur, Mr. Earl F. Morris and Mr. Jon M. Anderson, for plaintiffs-appellees Wittenberg University, Midland Lutheran College, First English Lutheran Church and Salvation Army of Cincinnati.

Messrs. Porter, Wright, Morris & Arthur and Mr. Louis J. Schneider, Jr., for plaintiffs-appellees Lexington Unit, Shriner's Hospital for Crippled Children; Shriner's Hospital for Crippled Children Burns Institute; and Eastern Star Home of Hamilton County.

Messrs. Millikin & Fitton and Mr. James E. Michael, for defendant-appellee Western College Alumni Association, Inc.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Mr. Richard A. Green, for defendants-appellees Attorney General of Ohio, Miami University and Medical College of the University of Cincinnati.

Messrs. Taft, Stettinius & Hollister, Mr. Robert T. Keeler and Mr. Scott A. Siebels, for defendants-appellants David G. Waterworth, Kit S. Kapp, Deborah Anne Arce, Candie Stein, Billie Marie Gaffney and Daphne Hansen.

Messrs. Lindhorst & Dreidame and Mr. Leo J. Breslin, for defendant-appellant Margo T. Shadle.

Mr. Paul E. Jones, for defendants-appellants Patsy Wilson and Randall Bacher.

Messrs. Chalfie & Chalfie Co., L.P.A. and Mr. James J. Chalfie, for defendants-appellants Beatrice Anderson and Priscilla Luring.

Messrs. French, Marks, Short, Weiner & Valleau and Mr. Robert Houston French, for defendant-appellant Florence B. Emig, Executrix of the Estate of Mae Emig.

Mr. Richard B. Stephenson, for defendant-appellant Oscar Homan.


BLACK, J.

The single assignment of error1 presents the question whether under the will of Katherine E. Hohmann ("testatrix"), those parts of her residuary estate that she bequeathed to charitable institutions should be reduced by proportionate amounts of the federal and state estate taxes (referred to jointly as "death taxes") payable by her estate, thus shifting the entire burden of death...

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