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IN RE CLAYTON ESTATE

Docket No. 31, Calendar No. 46,445.

343 Mich. 101 (1955)

72 N.W.2d 1

In re CLAYTON ESTATE. DETROIT TRUST COMPANY v. DEPARTMENT OF REVENUE.

Supreme Court of Michigan.

Decided October 3, 1955.

Attorney(s) appearing for the Case

Moll, Desenberg, Purdy & Glover (Harold B. Desenberg, of counsel), for plaintiff.

Thomas M. Kavanagh, Attorney General, Edmund E. Shepherd, Solicitor General, T. Carl Holbrook and William D. Dexter, Assistants Attorney General, for defendant.

KELLY, J.

Appellant herein contends that the $3,122,928.18 Federal estate taxes assessed in the Frederick G. Clayton estate should be deducted from the gross estate of $8,374,437.41 in determining the Michigan inheritance tax to be assessed and paid by the residuary legatees and devisees.

The main question presented involves the construction of sections 3 and 11 of the Michigan inheritance tax act.* Section 3 reads in part:

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