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FIRST NAT. BANK OF ATLANTA v. ALLEN

Civ. A. No. 558.

86 F.Supp. 918 (1949)

FIRST NAT. BANK OF ATLANTA v. ALLEN, Collector of Internal Revenue.

United States District Court M. D. Georgia, Macon Division.

November 8, 1949.

Attorney(s) appearing for the Case

Spalding, Sibley, Troutman & Kelley, Atlanta, Ga., Furman Smith, Atlanta, Ga., of counsel, for plaintiff.

John P. Cowart, United States Attorney, Macon, Ga., T. Reese Watkins, Asst. U. S. Attorney, Macon, Ga., for defendant.

DAVIS, District Judge.

The plaintiff is a national banking association having its principal office in Atlanta, Fulton County, Georgia, and is the duly qualified and acting executor of the will of Conkey P. Whitehead, who died on November 2, 1940. The Whitehead will was probated in solemn form in the Fulton County Court of Ordinary.

In his will Mr. Whitehead first provided for the payment of his just debts as soon as practicable. In subsequent items he made...

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