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NEW YORK TRUST CO. v. UNITED STATES

51 F.Supp. 733 (1943)

NEW YORK TRUST CO. et al. v. UNITED STATES.

Court of Claims.

October 4, 1943.

Attorney(s) appearing for the Case

Charles C. Parlin, of New York City (John A. Reed and Wright, Gordon, Zachry, Parlin & Cahill, all of New York City, on the brief), for plaintiffs.

Elizabeth B. Davis, of Washington, D.C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D.C., on the brief), for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, and MADDEN, Judges.

LITTLETON, Judge.

Laura H. Jennings died July 8, 1939. February 13, 1924, she executed an irrevocable trust instrument under the terms of which the income from the trust was to be paid to her for life. At her death the principal or corpus of the trust was to be divided into shares, the income paid to her three children if then living and the principal to go ultimately to persons appointed by them or their children or their heirs.

The Commissioner of Internal...

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