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SAROSDY v. JOHNSON

No. 93-CA-1122-S.

894 S.W.2d 640 (1994)

Emma H. SAROSDY; Dr. Margaret D. Wilson; Mr. L. Van B. Dauler, Jr.; Anne Earl; Frances Alexander Hodge Gordon; Edwin H. Gordon and Rachel Jane Gordon, Appellants, v. Eva JOHNSON, Leona Wood, Robert F. Eaton, Administrator of the Estate of Blanch Waldmoe, Forbes Swanson, Mille Day, Edward Schrock, Jack Swanson, Bert Swanson and the First National Bank of Henderson, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court April 12, 1995.

Attorney(s) appearing for the Case

Hiram Ely, III, John R. Cummins, Daniel P. Cherry, Louisville, for appellants.

Stephen D. Gray, Henderson, for appellees: Eva Johnson, Leona Wood, Robert F. Eaton, Administrator of the Estate of Blanch Waldmoe, Forbes Swanson, Mille Day, Edward Schrock, Jack Swanson, Bert Swanson.

Charles B. West, Henderson, for appellee: The First Nat. Bank of Henderson.

Before MILLER, McDONALD and WILHOIT, JJ.

WILHOIT, Judge.

The issue on this appeal is the proper allocation of the payment of federal estate tax due upon the death of Ellen Hodge who died in 1991. At her death the net pre-tax value of her estate was $371,166.35. Mrs. Hodge's husband, Thomas Hodge, who died in 1978, had established a marital trust by his will. Mrs. Hodge was the lifetime beneficiary of the trust with full power during her life to require payment to herself out of income or corpus "such amounts...

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