CUTTER, J.
This is an appeal by the commissioner from a decree of the Probate Court abating an inheritance tax. The commissioner had assessed such a tax upon a legacy, under the will of a Massachusetts testator, to certain Florida public charitable institutions. There is a statement of agreed facts amounting to a case stated.
Under the testator's will and codicils, a fund was left to pay certain specific legacies after the death of the testator's wife. She...
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