Williams v. Inhabitants of Brookline
Massachusetts Supreme Judicial Court
Petition, filed in the Superior Court for the county of Norfolk on January 3, 1906, by the executors of the will of Albert M. Williams, late of Brookline, for the abatement of a tax of $750, paid by the petitioners under protest, which was assessed to the petitioners as such executors on May 1, 1905, on $63,000 of personal property constituting part of the capital used in carrying on the business of the firm of Rousmaniere, Williams and Company.
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Petition, filed in the Superior Court for the county of Norfolk on January 3, 1906, by the executors of the will of Albert M. Williams, late of Brookline, for the abatement of a tax of $750, paid by the petitioners under protest, which was assessed to the petitioners as such executors on May 1, 1905, on $63,000 of personal property constituting part of the capital used in carrying on the business of the firm of Rousmaniere, Williams and Company. The respondent demurred to the petition. The petition alleged that the testator, Albert M. Williams, at the time of his decease was a resident of…
1Opinion of the CourtHammond, J.
The death of Williams dissolved the partnership in every other respect except that his share of the capital was to remain in the business for two years, the surviving partner to pay interest thereon at the rate of six per cent per *46annum. This was not a provision for the continuation of the business by the executor of the deceased partner, and there is much to be said in favor of the view that the intention of the parties was that the interest of the deceased partner should be regarded merely as a loan to the firm. But however that may be, there can be no doubt that by the agreement of May,…
2Cases cited1 opinion
- Milford Water Co. v. Inhabitants of HopkintonMassachusetts Supreme Judicial Court · 1906
3Cited by9 opinions
- Malden Trust Co. v. BrooksMassachusetts Supreme Judicial Court · 1935
- Murphy v. MurphyMassachusetts Supreme Judicial Court · 1914
- Wolbach v. Commissioner of Corp. & TaxationMassachusetts Supreme Judicial Court · 1929
- In re KarlinskiNew York Surrogate's Court · 1942
- Stearns v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1914
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