Department of Taxation v. Matthews

OPINION

Item II of the will of the deceased directed that a debt owing to Stanley Matthews in the sum of $27,000.00 arising out of a trust created by the deceased’s husband prior to his death, which trust was for the benefit of both the deceased and her brother-in-law, Stanley Matthews, Appellee herein, should be paid to Stanley Matthews upon her death.

*386There is no dispute but that the deceased during her lifetime entered into an agreement, whereby she was to have the full benefit of the trust during her lifetime and that Stanley Matthews was to be the owner of the amount of $27,000.00 which…