Welch v. Commissioner of Corporations & Taxation

This is a petition in equity under G. L. (Ter. *294Ed.) c. 65, § 27, filed in the Probate Court of Middlesex County by the petitioners, trustees under an agreement and declaration of trust, dated December 5, 1928, and amended December 21, 1934, seeking the abatement of a succession tax assessed by the respondent upon present interests in the trust property, which, he contended, took effect in possession and enjoyment upon the death of the settlor, Prescott Bigelow, on October 27,1937. The case was submitted upon the petition, answer and statement of agreed facts to the judge of probate, who…