IN RE ESTATE OF BUTTERFIELD

No. 84-501.

126 N.H. 410 (1985)

In re ESTATE OF LEONA A. BUTTERFIELD

Supreme Court of New Hampshire.

April 18, 1985.


Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (Leslie J. Ludtke, assistant attorney general, on the brief, and Marc R. Scheer, assistant attorney general, orally), for the State.

Holland, Donovan, Beckett & Welch, of Exeter (Stephen G. Hermans on the brief and orally), for Waldo K. Butterfield.


BATCHELDER, J.

In this appeal, we are asked whether a stepchild's survivorship rights in a bank account owned jointly with a stepparent are subject to legacy and succession tax under RSA 86:8 (Supp. 1983) upon the death of the stepparent. We hold that the survivorship rights are not taxable.

Leona A. Butterfield died on September 7, 1983. At the time of her death, she held a joint checking account with her stepson, Waldo K. Butterfield. Upon her death, the...

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