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FIRST NATL. BK. v. JUDGE BAKER GUIDANCE CTR.

13 Mass. App. Ct. 144 (1982)

431 N.E.2d 243

THE FIRST NATIONAL BANK OF BOSTON, trustee, vs. JUDGE BAKER GUIDANCE CENTER & others (and two companion cases).

Appeals Court of Massachusetts, Suffolk, Norfolk.

February 5, 1982.

Attorney(s) appearing for the Case

Eric F. Menoyo for The First National Bank of Boston & another.

Charles J. Kickham, Jr. (James M. Kickham with him) for Estelle McGrail & others.

Stephen W. Howe, pro se.

Ira K. Gross (Joseph C. Robbins with him) for Lispenard B. Phister.

William T. Loomis (James B. Ames with him, for Massachusetts General Hospital & another, William N. Swift, for Children's Hospital Medical Center, & Kevin A. Suffern, Assistant Attorney General, for Attorney General, also with him).

Present: GREANEY, PERRETTA, & KASS, JJ.

PERRETTA, J.

Upon reports from Probate Court judges pursuant to G.L.c. 215, § 13, we are asked two questions: (1) whether, where the testator's instruments are silent, G.L.c. 65A, § 5, as appearing in St. 1975, c. 684, § 73,2 requires nontaxable charitable residuary shares of a probate estate and of two inter vivos trusts, which are included in a decedent's estate for estate tax purposes, to contribute to the payment of...

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