Loring v. Gardner
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the county of Norfolk made upon a bill for instructions filed by the executors of the will of Francis Skinner, late of Dedham, and instructing such executors that the inheritance taxes due to the Commonwealth on account of the transfer of the fund appointed by the testator in the eleventh clause of his will were not payable out of the residue of his estate but should be paid out of the fund so appointed.
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Appeal from a decree of the Probate Court for the county of Norfolk made upon a bill for instructions filed by the executors of the will of Francis Skinner, late of Dedham, and instructing such executors that the inheritance taxes due to the Commonwealth on account of the transfer of the fund appointed by the testator in the eleventh clause of his will were not payable out of the residue of his estate but should be paid out of the fund so appointed. The case came on to be heard before Crosby, J., who at the request of the parties reserved it for determination by the full court.
1Opinion of the CourtDe Courcy, J.
Francis Skinner, by the eleventh clause in his *572will, exercised a power of appointment which was limited by the terms of the will of the donor, Eliza B. Skinner, who was the mother of the.donee of the power, to one or more of the issue of her father and mother. The executors under his will have asked instructions as to whether the inheritance taxes due to the Commonwealth on account of the transfer of this fund shall be paid by them out of the residue of his estate or shall be paid out of the fund itself, ■—■ which is now held by the trustees under the will of the donor.
The trustees under the…
2Cases cited3 opinions
- Isham v. New York Ass'n for Improving Condition of the PoorNew York Court of Appeals · 1904
- Minot v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1911
- Sherman v. MooreSupreme Court of Connecticut · 1915
3Cited by9 opinions
- Hooker v. DraytonSupreme Court of Rhode Island · 1943
- Loring v. ClappMassachusetts Supreme Judicial Court · 1958
- Prescott v. St. Luke's HospitalMassachusetts Supreme Judicial Court · 1932
- Central Trust Co. v. LambOhio Court of Appeals · 1944
- Estate of Rice v. CommissionerUnited States Tax Court · 1963
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