IN RE PLAISTED ESTATE

No. 5821.

109 N.H. 350 (1969)

IN RE BEATRICE M. PLAISTED ESTATE.

Supreme Court of New Hampshire.

Decided April 30, 1969.


Attorney(s) appearing for the Case

George S. Pappagianis, Attorney General and W. Michael Dunn, Attorney (by brief) for the New Hampshire Tax Commission.

Frank B. Clancy for Leonard M. Sherman, executor u/w of Beatrice M. Plaisted, filed no brief.


KENISON, C. J.

The question presented in this case is whether the exemption from the State inheritance tax (RSA 86:6 (supp)) of those who take property by virtue of the antilapse statute (RSA 551:12) is to be based upon their relationship to the testator or upon that of the legatee who predeceased the testator. This question has not been decided in this state and the case law in other jurisdictions is relatively sparse. Annot. 168 A.L.R. 271. In the factual context...

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