IN RE SEARIGHT'S ESTATE
87 Ohio App. 417, 95 N.E.2d 779 (1950)
NATURE OF THE CASE: This was an action to invalidate a bequest in a will. The Department
of Taxation of Ohio appealed a decision, which held that a bequest to a dog was not taxable.
FACTS: Testator bequeathed his dog to Hand. He directed his executor to deposit $1000 in
a bank account, and to pay Hand for the upkeep of the dog from the account. If the dog dies
before the money was used up, the unused portion was to be distributed to several named
individuals in equal shares. At the time of Testator's death, Hand, the alternate
beneficiaries, and the dog were all living. Hand took the dog, and the executor began paying
her for its upkeep.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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