321 S.W.2d 549 (1959)

Frank F. HICKOX, Executor of the Estate of Louise P. Erskine, v. B. J. BOYD, Commissioner of Finance and Taxation of the State of Tennessee.

Supreme Court of Tennessee.

January 23, 1959.

Attorney(s) appearing for the Case

Apperson, Crump, Duzane & McRae, Memphis, for appellant.

George F. McCanless, Atty. Gen., Allison B. Humphreys, Sol. Gen., Nashville, Milton P. Rice, Asst. Atty. Gen., for the Commissioner.

BURNETT, Justice.

We find in the record a succinct, well stated memorandum of the Chancellor, which we adopt as ours in deciding this case. This memorandum is:

"This is a suit to recover a portion of the inheritance tax paid under protest to the State of Tennessee by the complainant as executor of the estate of Louise P. Erskine.

"Louise P. Erskine, a citizen and resident of Shelby County, Tennessee, died testate in said county, and the complainant...

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