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CURTIS v. COMMISSIONER OF CORPORATIONS & TAXATION.

340 Mass. 169 (1959)

163 N.E.2d 151

CHARLES P. CURTIS, trustee, vs. COMMISSIONER OF CORPORATIONS AND TAXATION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 17, 1959.

Attorney(s) appearing for the Case

Roy F. Teixeira, Assistant Attorney General, for the commissioner of corporations and taxation.

Jesse R. Fillman, (Charles P. Curtis & Richard J. Barnet with him,) for the petitioner.

William Shelmerdine, Jr., for the respondent Harold T. Davis, executor and trustee.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & CUTTER, JJ.

CUTTER, J.

This is a petition in equity under G.L.c. 65, § 27 (as amended through St. 1953, c. 654, § 90), by the trustee under the will of Horatio Davis against the commissioner of corporations and taxation (the commissioner), in which the executor and trustee under the will of Maria D. Hastings has been joined as a party, for the abatement of a legacy tax. Horatio died on February 25, 1910, leaving property in...

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