Legal Opinion

Gratz v. Hamilton

Court of Appeals of Kentucky (pre-1976)

Decided January 17, 1958PublishedCited by 9 opinions

1Opinion of the Court

STEWART, Judge.

The sole issue presented for determination in this appeal is whether the specific legatees in the third clause of the will of Rodney Haggard, deceased, are liable for the payment of federal estate taxes and state inheritance taxes or whether all such taxes should be borne by the residuary legatees, the appellants, Ella Haggard Gratz and Rodney Warfield Gratz.

The clause of the will in question reads:

“3. To my sister, Anna Perdue, my nieces, Lucile Gilbert, Margaret Baldwin, and Virginia Haggard, $5,000.00, $2500.00 and $2500.00, respectively, and in the order herein named;…

2Cases cited4 opinions

  1. Hampton's Admrs. v. HamptonCourt of Appeals of Kentucky · 1920
  2. Nye v. BradfordCourt of Appeals of Texas · 1945
  3. Dawson v. GainesCourt of Appeals of Kentucky (pre-1976) · 1945
  4. Gunn v. SutherlandCourt of Appeals of Kentucky (pre-1976) · 1949

3Cited by9 opinions

  1. In Re Estate of MumbyCourt of Appeals of Washington · 1999
  2. In re Annie G. Crozier EstateSupreme Court of New Hampshire · 1964
  3. University of Louisville v. Liberty National Bank & Trust Co.Court of Appeals of Kentucky (pre-1976) · 1973
  4. Wilson v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1965
  5. Pipkin v. HaysCourt of Appeals of Texas · 1972

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