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CITY BANK FARMERS' TRUST CO. v. UNITED STATES

5 F.Supp. 871 (1934)

CITY BANK FARMERS' TRUST CO. v. UNITED STATES.

District Court, S. D. New York.

January 30, 1934.

Attorney(s) appearing for the Case

Taylor, Blanc, Capron & Marsh, of New York City (Walter E. Cooper and Charles H. Birdsall, both of New York City, of counsel), for petitioner.

Martin Conboy, U. S. Atty., of New York City (Ralph E. Stone, of New York City, of counsel), for the United States.

PATTERSON, District Judge.

The suit is to recover part of the estate tax paid by the petitioner. The defendant moves to dismiss the petition as insufficient on its face.

According to the petition, one Allen died on December 20, 1924, a resident of Florida. By his will he appointed the petitioner as his executor and left his residuary estate in trust. One-fourth of the residue was in trust to pay the income to the testator's son for life and then to pay the...

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