Legal Opinion

Estate of Ginn v. Almond

Missouri Court of Appeals

Decided April 15, 2014No. WD 76552Published

1Opinion of the Court

JAMES EDWARD WELSH, Chief Judge.

At issue in this case is the construction of M. Stanley Ginn’s will as to where the burden of paying the estate taxes should lie. Ginn’s daughter, Appellant Nancy Almond (“Almond”), filed a petition for will construction seeking application of the doctrine of equitable apportionment, which burdens the property that generates estate taxes with the payment of those taxes. The circuit court granted summary judgment in favor of the Respondents (Ginn’s grandchildren) on Almond’s counts pertaining to equitable apportionment, finding *293that the testator’s intent was for…

2Cases cited11 opinions

  1. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
  2. Riggs v. Del DragoSupreme Court of the United States · 1942
  3. In Re Estate of WahlinMissouri Court of Appeals · 1973
  4. St. Louis Union Trust Company v. KruegerSupreme Court of Missouri · 1964
  5. Estate of BoderSupreme Court of Missouri · 1993

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