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WEINGARTNER v. NORTH WALES

327 Mass. 731 (1951)

101 N.E.2d 132

HAROLD WEINGARTNER & others vs. TOWN OF NORTH WALES & others.

Supreme Judicial Court of Massachusetts, Suffolk.

September 26, 1951.

Attorney(s) appearing for the Case

R.J. Coffin, for the petitioners.

C.H. Amon, Jr., & T.L. Cross, for the respondent town of North Wales.

Present: QUA, C.J., LUMMUS, WILKINS, SPALDING, & WILLIAMS, JJ.

WILKINS, J.

The petitioners, specific legatees under the will of John Weingartner, late of Boston, seek the revocation of a decree of the Probate Court for the county of Suffolk, dated October 16, 1947. That decree, in accordance with G.L. (Ter. Ed.) c. 65A, § 5, as appearing in St. 1943, c. 519, § 1, ordered the payment of the Federal estate tax proportionately by the specific legatees, excluding those which were charities, and excluding the residuary legatee...

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