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DAVIS v. DAVIS

8 Div. 451.

267 So.2d 158 (1972)

Helen Wallace DAVIS v. John D. DAVIS, Jr., et al.

Supreme Court of Alabama.

September 28, 1972.

Attorney(s) appearing for the Case

Robert B. Donworth, Jr., and Bradley, Arant, Rose & White, Birmingham, Caddell, Shanks, Harris & Moores, Decatur, for appellant.

Allen D. Rushton and William G. Somerville, Jr., Birmingham, for appellee Cassandra Davis Dowling.

Julian Harris and Norman W. Harris, Jr., Decatur, for appellees John D. Davis, Jr., individually, and John D. Davis, Jr., and J. T. Whitman as executors.

J. Robert Miller, Huntsville, for appellee, Ella Darwin Davis Perkins.

HEFLIN, Chief Justice.

Appellant Helen Wallace Davis, widow of John D. Davis, Sr., appeals from a decree which held that the part of his estate passing to her under his will was subject to a share of state and federal estate taxes. Proceedings were brought seeking construction of the will and declaratory instructions as to whether or not a proportionate part of the estate taxes should be paid from the widow's share.

In the proceedings below, the complainants...

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