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DICKINSON v. MAURER

No. 38337.

229 So.2d 247 (1969)

Fred O. DICKINSON, Jr., Comptroller of the State of Florida, As Commissioner of Revenue, Appellant, v. Mark MAURER, As Executor of the Estate of Fred L. Franks, Deceased, Appellee.

Supreme Court of Florida.

December 10, 1969.

Attorney(s) appearing for the Case

Larry E. Levy, Asst. Gen. Counsel, Office of Comptroller, for appellant.

Douglass B. Shivers, of Cotten, Shivers, Gwynn & Daniel, Tallahassee, for appellee.

BOYD, Justice.

This case is before us on appeal from a decision of the Circuit Court of Leon County initially construing Section 11, Article IX, Florida Constitution of 1885, F.S.A., which is controlling herein and provides in pertinent part as follows:

"No taxes upon inheritances * * * of residents or citizens of this State shall be levied by the State of Florida, or under its authority, * * * provided, however, that the Legislature may provide for the assessment...

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