In Re Estate of McCoy

The merits of this case were deferred pending disposition of the technical question raised and disposed of in Estate of Edward Keyes Davis, 125 Vt. 446, 218 A.2d 390, handed down at February Term, 1966.

The testator assigned to the residue the total tax burden of the estate. Since the widow’s share of the residue was not taxable, the probate court cast the full assessment on the other three residuary legatees. They are here, arguing that, since the testator did not specifically exempt the widow’s portion of the residue, he intended that she bear a share of the taxes commensurate with her…