Illinois Court of Claims Opinions
Legacy General
Download PDF

Smyth v. State of Illinois

5 Ill. Ct. Cl. 188 Illinois Court of Claims Filed 1925-05-01 No. 891
Disposition: (No. 891-Claimant awarded $3,206.85.) Award: $2,715.39
Cite as: Smyth v. State of Illinois, 5 Ill. Ct. Cl. 188 (1925)
Legacy General 5 awarded 1920s Smyth v. State of Illinois 5 Ill. Ct. Cl. 188 1925-05-01 (No. 891-Claimant awarded $3,206.85.) /opinions/v05-p0208-1/

JOHN M. SMYTH, ET AL., EXECUTORS OF THE LAST WILL AND TESTA- MENT OF THOMAS M. SMYTH, Deceased, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

The executors of Thomas M. Smyth's estate sought a refund of inheritance tax paid under protest, claiming the tax was excessive due to the widow's renunciation. The county court ordered a refund of $2,715.39, and the Court of Claims awarded that amount with interest.

Claim type: Tax Refund

Statutes cited: Section 25 of the Inheritance Tax laws of Illinois

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. JOHN M. SMYTH, ET AL., EXECUTORS OF THE LAST WILL AND TESTA- INHERITANCE TAX-renunciation by widow. When refund made under OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLE-

Claimants, John M. Smyth, Mary A. Smyth Nelson and Frank G. Nelson and Jane F. Smyth Paterno, individually and as executors of the last will and testament of Thomas M. Smyth, deceased, claim a refund of inheritance tax under and by virtue of Section 25 of the Inheritance Tax laws of Illinois.

Decedent died testate June 16, 1917, and John M. Smyth, Mary A. Smyth Nelson and Frank G. Nelson were appointed executors under deceased's last will and testament. The inheritance tax is $6,526.72. By reason of the renunciation by the widow, of the provisions of the will, the said sum is too large, but it was paid by executors under protest. The case was appealed to the county court of Cook county, and upon hearing in said court on the 12th day of January, 1925, an order was entered by the court in the sum of $2715.39, and that sum was erroneously paid under Section 25 aforesaid.

A certified copy of the county court's findings and order are on file in evidence in this case. The Attorney General files his written consent to allowance of same as prayed.

The claim is duly proven by the record evidence. It is therefore ordered and adjudged that claimants individually, and the executors aforesaid have an award of $2,715.39 with interest at the rate of 3% per annum from the 9th day of August, A. D. 1918.

Official volume 5 (Containing cases in which opinions were filed between July 1, 1923–June 30, 1927)  ·  All opinions in this volume  ·  Also on CourtListener

This text is OCR/derived from the official volume and may contain errors. The PDF is authoritative. Boundary pages shared with the adjacent opinion are reproduced whole, so the page image may show a neighbor's opening or closing lines; the transcript text itself is opinion-scoped. See About & sources.