Calvert v. Fort Worth National Bank

ASSOCIATE JUSTICE WALKER

delivered the opinion of the Court.

The question presented by this appeal is whether property-received by the beneficiary of a will as a result of the election of the owner of such property to accept under the will is to be regarded as having passed by the will for the purpose of computing the inheritance tax imposed by Article 7117, Texas Rev. Civ. Stat. 1925, as amended. Acts 1945, 49th Leg., p. 148, ch. 98. This statute was repealed in 1959, but its provisions in substantially the same language were reenacted as Article 14.01, V.A.T.S. Tax.-Gen., the relevant…