INGLIS, C. J.
In this action the plaintiff town seeks to recover from the state a share of a penalty tax which it claims should have been collected by the state from the estate of James A. Trowbridge even though, by reason of a compromise agreement between the state and the executors of Trowbridge's will, no penalty tax was actually collected. The case comes to this court by reservation.
The stipulated facts, so far as they are necessary for our decision of...
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