IN RE ABERNATHY ESTATE


364 S.W.2d 350 (1962)

In re ESTATE of George M. ABERNATHY, deceased. Mamie L. ABERNATHY and Stanton Abernathy, Executors, v. B.J. BOYD, Commissioner of Finance and Taxation for the State of Tennessee.

Supreme Court of Tennessee.

Rehearing Denied February 7, 1963.


Attorney(s) appearing for the Case

McCloy, Myar & Wellford, Memphis, for appellants.

George F. McCanless, Atty. Gen., Milton P. Rice, Asst. Atty. Gen., Nashville, for appellee.


PREWITT, Chief Justice.

This is a revenue case and involves certain money paid to the Commissioner by the above named executors under protest.

Mr. Abernathy died testate on June 22, 1956, and was at the time of his death a resident of Memphis. Following decedent's death his representatives paid to the Commissioner an inheritance tax in the sum of $2,360.00.

Complainants excluded from said return one-half of the value of certain real estate and government...

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