Legal Opinion

Oviatt v. Oviatt

Cuyahoga County Common Pleas Court

Decided July 8, 1970No. 752188PublishedCited by 6 opinions

1Opinion of the Court

Andbews, Chief Referee.

This case is concerned with the question of who is to bear the burden of the federal and Ohio estate taxes as between the surviving spouse and the testator’s five children by a former marriage. All the children are adults.

The testator’s will was executed on May 9, 1968, and he died on June 8, 1969.

Item 2 of his will reads as follows:

£iI direct my executors to pay all inheritance, federal estate and any other similar taxes, and none of the beneficiaries named in my will shall be required to contribute any money toward payment of same.”

Item 3 is lengthy and need not be…

2Cases cited6 opinions

  1. Riggs v. Del DragoSupreme Court of the United States · 1942
  2. Central Trust Co. v. LambOhio Court of Appeals · 1944
  3. In Re Estate of GatchOhio Supreme Court · 1950
  4. In re Estate of CarringtonCuyahoga County Probate Court · 1956
  5. Foerster v. FoersterOhio Probate Court of Franklin County · 1954

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Estate of Penney v. CommissionerUnited States Tax Court · 1972
  2. Hall v. JohnsonCourt of Special Appeals of Maryland · 1978
  3. In re Estate of ShellNebraska Supreme Court · 2015
  4. Estate of Penney v. CommissionerUnited States Tax Court · 1972
  5. Johnson v. HallCourt of Appeals of Maryland · 1978

1 more not listed; retrieve them via the Exa API.

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