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STRITE v. McGINNES

Civ. A. No. 30564.

215 F.Supp. 513 (1963)

Albert STRITE and Commonwealth Trust Co. of Pittsburgh, Executors of the Estate of Lillian D. Cree, deceased, v. Edgar A. McGINNES, District Director of Internal Revenue.

United States District Court E. D. Pennsylvania.

March 28, 1963.

Attorney(s) appearing for the Case

Henry D. O'Connor, Philadelphia, Pa., for plaintiffs.

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

FREEDMAN, District Judge.

This is an action by the executors of decedent's estate for refund of estate taxes. It is before us on motions for summary judgment filed by both parties.

Decedent, Lillian D. Cree, was the last survivor of three sisters and a brother. On April 15, 1939, the three sisters executed identical wills. Each will in Item Fourth, paragraph (3), established a trust of the residue of the estate...

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