THOMAS v. FOX


348 Mass. 152 (1964)

202 N.E.2d 912

FRED M. THOMAS & another, executors, vs. SHIRLEY M. FOX.

Supreme Judicial Court of Massachusetts, Bristol.

December 3, 1964.


Attorney(s) appearing for the Case

Lewis M. Stillman (William B. Perry, Jr., with him) for the appellant.

William A. Torphy, for the appellees, submitted a brief.

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


WILKINS, C.J.

This appeal by the residuary legatee under the will of Edson S. Cowen, late of Fairhaven, from the allowance of the executors' first account presents objections to items showing payment in full of specific and pecuniary legacies without deduction for legacy taxes of this Commonwealth.

General Laws (Ter. Ed.) c. 65, § 17, so far as pertinent provides, "An executor, administrator or trustee holding property subject to the tax imposed by this...

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