IN RE BUSHWAY ESTATE

No. 5438.

107 N.H. 135 (1966)

IN RE GEORGE H. BUSHWAY ESTATE.

Supreme Court of New Hampshire.

Decided March 30, 1966.


Attorney(s) appearing for the Case

Burns, Bryant & Hinchey and Paul R. Cox (Mr. Cox orally), for the executor as amicus curiae.

Richard M. Roberts, Acting Assistant United States Attorney General, Lee A. Jackson and Joseph Kovner, Attorneys (all of Washington, D. C.), and Louis M. Janelle, United States Attorney (Mr. Janelle orally), for the United States of America.

Perkins, Holland & Donovan (Mr. Robert B. Donovan orally), for Merchants National Bank of Newburyport, Massachusetts.


DUNCAN, J.

The certified questions arise out of a petition filed by the executor seeking instructions as to the proper distribution of the assets of the estate in his hands, the same being insufficient to satisfy the outstanding claims against the estate. The parties before us are in substantial agreement concerning their relative rights.

By virtue of 31 U.S.C.A., s. 191 (s. 3466 of Revised Statutes), the obligation to the United States has priority...

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