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FLORIDA NATIONAL BANK OF JACKSONVILLE, FLA. v. UNITED STATES

Civ. A. No. 30473.

221 F.Supp. 861 (1963)

The FLORIDA NATIONAL BANK OF JACKSONVILLE, FLORIDA, and Herbert T. Ballard, Jr., as Co-Executors of the Estate of Herbert T. Ballard, Deceased v. UNITED STATES of America.

United States District Court E. D. Pennsylvania.

October 2, 1963.

Attorney(s) appearing for the Case

Wright, Spencer, Manning & Sagendorph, by Samuel L. Sagendorph, Norristown, Pa., for plaintiff.

Louis F. Oberdorfer, Asst. Atty. Gen., Dept of Justice, Edward S. Smith, David A. Wilson, Jr., John M. Hammerman. Attys., Washington, D. C., Drew J. T. O'Keefe, U. S. Atty., Philadelphia, Pa., for defendant.

WOOD, District Judge.

This is an action for the recovery of estate taxes paid by the plaintiffs, executors of the Estate of Herbert T. Ballard, hereinafter referred to as the decedent, who died December 15, 1956.

On February 20, 1929, decedent had created an inter vivos trust which contained, inter alia, the following language:

"Ballard has irrevocably parted with the title to the securities and property constituting the subject matter of this...

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