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MELLON NAT'L BANK & TRUST v. COMMR. OF CORP'NS & TAX'N

327 Mass. 631 (1951)

100 N.E.2d 370

MELLON NATIONAL BANK AND TRUST COMPANY, executor, vs. COMMISSIONER OF CORPORATIONS AND TAXATION.

Supreme Judicial Court of Massachusetts, Berkshire.

July 13, 1951.

Attorney(s) appearing for the Case

F.M. Myers, (F.M. Myers, Jr., with him,) for the petitioner.

H.W. Radovsky, Assistant Attorney General, (G. Luftman with him,) for the respondent.

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

WILKINS, J.

This is a petition for a binding declaration as to the domicil of Annie-May Hegeman at the time of her death. The petition, purporting to be brought under G.L. (Ter. Ed.) c. 231A, inserted by St. 1945, c. 582, § 1, also conforms to the provisions of G.L. (Ter. Ed.) c. 65, § 30. The probate judge entered a decree that she was domiciled in Lenox in this Commonwealth, rejecting the petitioner's contention...

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