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FABIAN v. UNITED STATES

Civ. A. No. 4142.

127 F.Supp. 726 (1954)

Ellen G. FABIAN, Administratrix d.b.n., c.t.a. of the Estate of Elizabeth Y. Gallaudet, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Connecticut.

September 29, 1954.

Attorney(s) appearing for the Case

John H. Weir, Curtiss K. Thompson, New Haven, Conn., Milton W. Goss, Branford, Conn., of Thompson, Weir & MacDonald, New Haven, Conn., for plaintiff.

H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe and Lyle M. Turner, Sp. Assts. to the Atty. Gen., Simon S. Cohen, U. S. Atty., Robert M. FitzGerald, Asst. U. S. Atty., Hartford, Conn., for defendant.

SMITH, Chief Judge.

This is a suit for the recovery of an estate tax of $33,667 alleged to have been erroneously collected under the estate tax provisions of the Internal Revenue Code.

On December 27, 1935 the decedent Elizabeth Y. Gallaudet established a trust for the benefit of herself, her husband and daughter.

Decedent was one of the three original trustees. On the occurrence of a vacancy the remaining trustees were empowered to fill the vacancy...

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