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IN RE ESTATE OF TUBBS

No. 70,975

21 Kan. App. 2d 395 (1995)

In the Matter of the Estate of ESTHER TUBBS, deceased.

Court of Appeals of Kansas.

Opinion filed August 4, 1995.

Attorney(s) appearing for the Case

Morgan Wright, of Larned, for appellants.

Timothy P. O'Sullivan, of Fleeson, Gooing, Coulson & Kitch, L.L.C., of Wichita, for appellees.

Before LARSON, P.J., GREEN, J., and DONALD L. WHITE, District Judge Retired, assigned.

LARSON, J.:

Bert B. Lewis III and Tonya Lewis May, the residuary takers under the will of Esther Tubbs, appeal the total depletion of the estate's residuary by the payment therefrom of the Generation Skipping Transfer Tax (GSTT) imposed by the Internal Revenue Code § 2601 et seq. (1988).

The residuary takers contend: (1) The GSTT should have been paid by and charged against the transfers generating...

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