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PERSKY v. HUTNER

369 Mass. 7 (1975)

336 N.E.2d 865

MAE G. PERSKY & others, executors & trustees, vs. ETTA HUTNER & others.

Supreme Judicial Court of Massachusetts, Worcester.

October 31, 1975.

Attorney(s) appearing for the Case

Saul A. Seder & James F. Queenan, Jr. (George H. Mason with them) for Mae G. Persky & others, executors and trustees.

Francis X. Bellotti, Attorney General, & Richard C. Donovan, Assistant Attorney General, for the Division of Public Charities, submitted a brief.

Present: TAURO, C.J., REARDON, QUIRICO, HENNESSEY, KAPLAN, & WILKINS, JJ.

WILKINS, J.

The judge below has reported for our consideration the correctness of his interpretation of the will and a trust indenture of Abraham S. Persky (Persky) on a question of State law which has a bearing on the amount of Federal estate taxes to be paid by the Persky estate. Although no person having an interest under the Persky will or trust challenges the judge's interpretation of those documents, this petition for a declaratory judgment has been reported...

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