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UTLEY v. UNITED STATES

No. 759/59.

183 F.Supp. 758 (1960)

David H. UTLEY, Executor of the Estate of Isabelle A. Utley, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. California, Central Division.

May 6, 1960.

Attorney(s) appearing for the Case

Hill, Farrer & Burrill, Carl A. Stutsman, Jr., Los Angeles, Cal., for plaintiff.

Laughlin E. Waters, U. S. Atty., Edward R. McHale, Asst. U. S. Atty., Chief, Tax Division, Lillian W. Stanley, Asst. U. S. Atty., Los Angeles, Cal., for defendant.

WESTOVER, District Judge.

M. Belle Rice of Salt Lake City, Utah, executed a Will dated April 4, 1916, under the terms of which the residue of her estate was devised and bequeathed in trust. One purpose of the trust was the erection of "a suitable and appropriate memorial, arch or entrance way" at the North or main entrance of Liberty Park in Salt Lake, Utah. With reference to the memorial the Will provided:

"The cost thereof, including plans therefor and...

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