In Re Estate of McMahon

Certain devisees of the estate of John Q. McMahon, deceased, to whom had been specifically devised real estate in South Dakota, made an application in the estate proceeding wherein the court was asked to enter an' order directing the executor to pay the taxes due on the devised property at the time of decedent’s death. It is claimed that these taxes should be paid out of the personalty of the estate by reason of the fact that in the first paragraph of the decedent’s will the executor was directed to pay the debts of the estate. The executor filed a resistance and an amendment thereto wherein…