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MILLARD v. MALONEY

Civ. A. No. 704.

36 F.Supp. 41 (1940)

MILLARD v. MALONEY.

District Court, D. New Jersey.

December 12, 1940.

Attorney(s) appearing for the Case

McCarter, English & Egner and George W. C. McCarter, all of Newark, N. J. (Knowles & Hack and Otto A. Hack, all of New York City, of counsel), for plaintiff.

William F. Smith, Acting U. S. Atty., Thorn Lord, Asst. U. S. Atty., both of Trenton, N. J., and James P. Garland, Sp. Asst. to Atty. Gen., for the Government.

FORMAN, District Judge.

This action is brought by the plaintiff, James C. B. Millard, as executor of the estate of Jay Gould II, deceased, against the defendant, Harry L. Maloney, Collector of Internal Revenue for the First District of New Jersey, to recover excess payment of federal estate taxes.

The decedent's grandfather, Jay Gould I, died on December 2, 1892, and devised the residue of his estate in trust to be divided into six equal shares for the benefit...

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