Estate of Earl C. Koester, Deceased, Carol C. Fortney and Roger D. Fortney, Personal Representatives - Page 2




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          contending that decedent was deprived of equal protection, argues           
          that it should have no estate tax liability.1  The issue                    
          remaining for our consideration is whether imposition of the                
          estate tax liability is a deprivation of equal protection under             
          the law in violation of the United States Constitution.  Under              
          the circumstances of this case, we are unable to hold that there            
          was a deprivation of equal protection.                                      
                                  FINDINGS OF FACT2                                   
               Earl and Mildred Koester, who at all pertinent times were              
          married, owned farmland in Waseca County, Minnesota.  Mr. Koester           
          did not attend school beyond the eighth grade.  Mrs. Koester                
          completed high school.  When the Koesters drafted their wills,              
          they did so with advice from an attorney.                                   
               Mrs. Koester died August 11, 1988.  The total value of her             
          estate was $201,101.93.  Her estate included real estate                    
          interests in the Koester homestead and an undivided one-half                
          interest in a 120-acre parcel of land.  With the exception of               
          certain cash bequests to her grandchildren, Mrs. Koester, in her            
          will, bequeathed her property to Mr. Koester.  As her estate did            





               1 The estate also claimed that the Koesters’ lack of                   
          advanced education resulted in their inability to hire a                    
          competent attorney to devise their wills.                                   
               2Some facts have been stipulated pursuant to Rule 91 and are           
          herein incorporated by reference.                                           




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