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MATTER OF SUCCESSION OF SMITH

No. 90 CA 0859.

589 So.2d 16 (1991)

In the Matter of the SUCCESSION OF Augusta Sherard SMITH.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 3, 1992.

Attorney(s) appearing for the Case

J. Huntington Odom, Baton Rouge, for plaintiffs-appellees H. Newton Smith, Jane Pharr Gage, Katherine Gage.

Cheryl L. Duvieilh, Baton Rouge, for defendant-appellant Leon R. Tarver, II, Secretary Dept. of Revenue and Taxation.

Before SHORTESS, LANIER and CRAIN, JJ.

CRAIN, Judge.

H. Newton Smith, Jane Pharr Gage and Katherine Gage (Legatees) are residuary legatees and Jane Pharr Gage and Katherine Gage are additionally particular legatees of the last will and testament of decedent, Augusta Sherard Smith. H. Newton Smith and Jane Pharr Gage were also appointed testamentary co-executors. The Louisiana Department of Revenue and Taxation (Department) claimed that additional inheritance taxes were due because the Legatees were not...

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