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STICKLEY v. STICKLEY

Record No. 971244.

497 S.E.2d 862 (1998)

Daniel C. STICKLEY, Jr., Co-Executor of the Estate of Daniel C. Stickley, Sr., Deceased v. William S. STICKLEY, Co-Executor of the Estate of Daniel C. Stickley, Sr., Deceased, et al.

Supreme Court of Virginia.

February 27, 1998.

Attorney(s) appearing for the Case

James V. Lane (Stephanie R. Sipe; Litten & Sipe, on brief), Harrisonburg, for appellant.

Bonnie L. Paul (Layman & Nichols, on brief), Harrisonburg, for appellee William S. Stickley, Co-Executor of the Estate of David C. Stickley, Sr., Deceased.

No brief or argument on behalf of appellees Sunnyside Presbyterian Home, Trustees of the Massanutten Crossroads Presbyterian Church and Trustees of the Cross Keys Presbyterian Cemetery.

Present: All the Justices.

KINSER, Justice.

In this appeal, we determine whether an article in a will, which directs all estate taxes and administration expenses to be paid out of the residuary estate, avoids apportionment of the remaining estate taxes upon depletion of the residuary estate. Because the testator treated all debts the same, we conclude that the estate taxes should not be apportioned and, therefore, will affirm the judgment of the lower court.

I.

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