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Attorney General v. Rafferty

Attorney General v. Ann Rafferty, administratrix

Attorney Gen. v. Rafferty, 95 N.E. 747 (Mass. 1911)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
June 20, 1911
Judges
Morton
Citations
95 N.E. 747209 Mass. 3211911 Mass. LEXIS 946
Headnotes
Tax, On successions and inheritances. Probate Court. Judgment. A decree of the Probate Court, allowing the accounts of an administrator and ordering a distribution of the estate of his intestate, where there was no ref- ' erence in the proceedings to an inheritance tax and no provision was made for its payment and the Commonwealth was not made a party to the proceedings by its consent or in the manner provided by St. 1891, c. 425, § 18, is no defense to an information by the Attorney General at the relation of the treasurer and receiver general for the collection of an inheritance tax to which the estate is subject under the provisions of St. 1891, c. 425. Following Attorney General v. Stone, ante, 186.
Summary
Infromation, filed in the Supreme Judicial Court on January 18, 1910, by the Attorney General, at the relation of the Treasurer and Receiver General against the administratrix of the estate of Alice Cumiskey, late of Boston, who died on March 12, 1892, alleging that $538.68- with interest was due from the defendant to the Commonwealth as collateral legacy and succession taxes under the provisions of St. 1891, c. 425. The case was submitted upon an agreed statement of facts to Rugg, J., who made a decree for the Attorney General in the sum of $1,078.53. The defendant appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Morton

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Morton, J.

The defendant admits that some of the property distributed by her was subject to an inheritance tax under St. 1891, c. 425, and that the tax has never been paid. She contends that she is protected from liability by the decrees of distribution of the Probate Court under which she acted. It is not disputed that the Probate Court had jurisdiction of the estate and we assume in the defendant’s favor that the decrees of distribution and the decrees allowing her accounts were all properly entered, and that she acted in good faith. No reference was made to the inheritance tax in any of the proceedings. Since this case was argued the case of Attorney General v. Stone, ante, 186, has been decided. The precise point here raised was the subject of consideration in that case, and was determined adversely to the defendant’s contention. It is unnecessary, we think, to do more than refer to that case. We may add that no question is raised in regard to interest, and we have no means of knowing whether it was computed in this case according to the rule laid down in that case or not.

Decree affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1917: 11927: 11931: 11936: 11959: 119172026peak 1917 · 1

Relies on it most ⓘ

  1. In re Estate of Meinert213 N.W. 938 (Iowa 1927)
  2. State ex rel. Pemberton v. United Pacific Casualty Insurance62 P.2d 729 (Wash. 1936)
  3. Watson v. Erickson177 N.E. 99 (Mass. 1931)
  4. State v. Nagle164 P. 1073 (Kan. 1917)
  5. Old Colony Trust Co. v. Commissioner of Corporations & Taxation162 N.E.2d 36 (Mass. 1959)

Most recent

  1. Old Colony Trust Co. v. Commissioner of Corporations & Taxation162 N.E.2d 36 (Mass. 1959)
  2. State ex rel. Pemberton v. United Pacific Casualty Insurance62 P.2d 729 (Wash. 1936)
  3. Watson v. Erickson177 N.E. 99 (Mass. 1931)
  4. In re Estate of Meinert213 N.W. 938 (Iowa 1927)
  5. State v. Nagle164 P. 1073 (Kan. 1917)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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