COOPER, District Judge.
Plaintiff seeks a refund of individual income taxes for the year 1952. She here makes a motion, and the government makes a cross motion, each for summary judgment pursuant to Rule 56, Fed.R. Civ.P., 28 U.S.C.A.
In 1903 plaintiff and her husband executed a "reciprocal testament" in Frankfurt, Germany, where they then resided. Paragraph "2" thereof provided in material part:
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