Butcher's Estate

Supreme Court of Pennsylvania
Butcher's Estate, 267 Pa. 521 (Pa. 1920)
110 A. 163; 1920 Pa. LEXIS 905
Brown, Frazer, Moschzisker, Simpson, Stewart, Walling

Butcher's Estate

Opinion of the Court

Per Curiam,

Florence Addicks is a daughter of the late J. Edward Addicks and his wife, Laura Butcher Addicks. After her death he married her sister, Rosalie Butcher, from whom he was divorced and whose name was changed from Addicks to Butcher by an act of the legislature of *523Delaware. Florence Addicts lived with her up to the time of her death, and, by her will, became her sole legatee and devisee, designated by the testatrix as the “daughter of my heart.” The claim of the Commonwealth, disallowed by the court below, is for collateral inheritance tax upon her estate, and it was properly disallowed under the Act of April 22, 1905, P. L. 258, for Florence Addicts, though a niece of the testatrix, was still a child of her “former husband.”

Decree affirmed.

Reference

Cited By
6 cases
Status
Published
Syllabus
Taxation — Collateral inheritance tax — Exemption — Child of former husband — Stepchildren—Divorce of parent and stepparent —Act of April 22, 1905, P. L. 258. The exemption from collateral inheritance tax of bequests to children of a “former husband or wife”' as provided by the Act of April 22, 1905, P. L. 258, applies to a gift by a stepmother to her stepdaughter, although the father and stepmother had been divorced, .and the legatee was described in the will as “my niece and daughter of my heart.” The legatee, although a niece of testatrix, was still a child of her “former husband.”