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IN RE ESTATE OF McCOY

No. 222.

220 A.2d 469 (1966)

In re ESTATE of Lawrence R. McCOY.

Supreme Court of Vermont. Bennington.

June 7, 1966.

Attorney(s) appearing for the Case

James B. Campbell, Manchester Center, Bowditch, Gowetz & Lane, Worcester, Mass., of counsel, for surviving widow.

Gannett, Oakes & Weber, Brattleboro, for other residuary legatees.

Before HOLDEN, C. J., and SHANGRAW, BARNEY and KEYSER, JJ.

BARNEY, Justice.

The merits of this case were deferred pending disposition of the technical question raised and disposed of in Estate of Davis, 125 Vt. ___, 218 A.2d 390, handed down at February Term, 1966.

The testator assigned to the residue the total tax burden of the estate. Since the widow's share of the residue was not taxable, the probate court cast the full assessment on the other three residuary legatees. They are...

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