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ESTATE OF THOMAS

1 Wis.2d 402 (1957)

ESTATE OF THOMAS:STATE, Appellant, vs. THOMAS and another, Executrices, Respondents.

Supreme Court of Wisconsin.

June 26, 1957.

Attorney(s) appearing for the Case

For the appellant there was a brief by the Attorney General and Harold H. Persons, assistant attorney general, attorneys, and Richard E. Williams, inheritance tax counsel, of counsel, and oral argument by Mr. Persons.

For the respondents there was a brief by Thomas, Orr, Isaksen & Werner of Madison, and oral argument by San W. Orr.

BROWN, J.

The respondents contended and the county court determined that the allowance of trustees' fees as a deductible item was required by sec. 72.10, Stats. 1953. This reads:

"If a testator bequeaths property to one or more executors or trustees in lieu of their commissions or allowances, or makes them his legatees to an amount exceeding the commissions or allowances prescribed by law for an executor or trustee, the excess in value of the property so bequeathed...

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