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IN RE ESTATE OF KITE

No. S-98-496.

615 N.W.2d 481 (2000)

260 Neb. 135

In re ESTATE OF Dorothy B. KITE, deceased. County of Lancaster, Nebraska, appellant, v. Union Bank and Trust Company, Personal Representative of the Estate of Dorothy B. Kite, deceased, et al., appellees.

Supreme Court of Nebraska.

August 4, 2000.

Attorney(s) appearing for the Case

Gary E. Lacey, Lancaster County Attorney, and Michael E. Thew, Lincoln, for appellant.

J.L. Spray and Jacqueline M. Schaneman, of Mattson, Ricketts, Davies, Stewart & Calkins, Lincoln, for appellees.

WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

GERRARD, J.

INTRODUCTION

Upon her death, Dorothy B. Kite (the testator) devised a substantial amount of her estate to her great-nephew, William R. Cordell, Jr. (Cordell), and Cordell's wife, Connie Cordell (Connie). Cordell commenced this action in Lancaster County Court to determine the inheritance tax due on the devise to Cordell and Connie. Although the testator and Cordell were great-aunt and great-nephew, and therefore potentially subject to taxation...

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