Question: A trial judge acted correctly when he lifted a writ of garnishment obtained by the Commissioner of Internal Revenue on the properties of the decedent

A trial judge acted correctly when he lifted a writ of garnishment obtained by the Commissioner of Internal Revenue on the properties of the decedent for unpaid taxes on the supposition that the estate had enough assets to pay the taxes and ordered a partial distribution of the estate. The rules on concurrence and preference of credit is relevant only when the properties of the estate are insufficient to pay all the testator's liabilities. Discuss?

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