SCHERFF v. SILINSKI


346 Mass. 691 (1964)

195 N.E.2d 527

RUPPRECHT R. SCHERFF, executor, vs. MARGARETHE SILINSKI & others.

Supreme Judicial Court of Massachusetts, Hampden.

January 13, 1964.


Attorney(s) appearing for the Case

Henry A. Moran, Jr., stated the case.

William E. Hays (William C. Hays & James D. Monteith, of North Carolina, with him) for the respondents Henrietta Moran Dowd & another.

Emerson S. Searle for the respondents Margarethe Silinski & another.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & SPIEGEL, JJ.


CUTTER, J.

This is a petition by the executor of the will of Erna P. Sievers, who died May 10, 1961, for instructions concerning what portion or portions of the testatrix's estate should bear the burden of Federal estate taxes and State inheritance taxes. There is no dispute about the facts, which are established by the pleadings. The probate judge reported the case, without decision, for the consideration of the full court.

The testatrix by her will (arts...

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