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FOWLER v. MARGETTS

7 N.J. Super. 297 (1950)

73 A.2d 78

LUDLOW S. FOWLER AND WALTER T. DE HAVEN, EXECUTORS OF THE LAST WILL AND TESTAMENT OF DONALD G. MIXSELL, DECEASED, APPELLANTS, v. WALTER T. MARGETTS, JR., STATE TREASURER, ACTING AS DIRECTOR, DIVISION OF TAXATION, DEPARTMENT OF THE TREASURY, STATE OF NEW JERSEY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 3, 1950.

Attorney(s) appearing for the Case

Mr. Ludlow S. Fowler, of the New York Bar, argued the cause for the appellants (Messrs. Smith, Stratton & Wise, attorneys).

Mr. William A. Moore argued the cause for the respondent (Mr. Theodore D. Parsons, Attorney General of New Jersey, attorney).

Before Judges JACOBS, DONGES and BIGELOW.

The opinion of the court was delivered by JACOBS, S.J.A.D.

This is an appeal from a transfer inheritance tax assessment made by the Division of Taxation.

The decedent Donald G. Mixsell was born in Easton, Pennsylvania, in 1891. He was graduated from Columbia University School of Architecture in 1920 and thereafter was engaged as an architect in New York City. He married and lived with his wife in New York City until they separated in 1940. In 1941, while his...

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