IN RE KEITH ESTATE

Docket No. 84587.

152 Mich. App. 440 (1986)

394 N.W.2d 41

In re KEITH ESTATE LOWELL v. DEPARTMENT OF TREASURY

Michigan Court of Appeals.

Decided June 16, 1986.


Attorney(s) appearing for the Case

Bos & Hanes, P.C. (by Todd D. Chamberlain and John E. Bos), for petitioner.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Richard R. Roesch and Ross H. Bishop, Assistant Attorneys General, for the Michigan Department of Treasury.

Before: MacKENZIE, P.J., and ALLEN and G.W. CROCKETT, III, JJ.


ALLEN, J.

In this appeal as of right brought by the Michigan Department of Treasury, we are asked to decide whether an inheritance tax may be imposed on property acquired in exchange for a waiver of all claims against an estate, where the settlement arises out of an action to construe a will as opposed to a "will contest." We answer this question in the negative and affirm.

On February 25, 1976, decedent Lenna M. Keith executed a will in which she devised...

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