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FIRST NATIONAL EXCHANGE BANK OF ROANOKE v. UNITED STATES

Civ. A. 1223.

217 F.Supp. 604 (1963)

The FIRST NATIONAL EXCHANGE BANK OF ROANOKE, Executor and Trustee under the Will of Josephus Daniels Pell, deceased, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court W. D. Virginia, Roanoke Division.

May 16, 1963.

Attorney(s) appearing for the Case

Joseph Wysor Smith, Roanoke, Va., Clyde H. Perdue, Rocky Mount, Va., for plaintiff.

Louis F. Oberdorfer, Asst. Atty. Gen., Edward S. Smith, Myron C. Baum, John D. Clark, Jr., Attys., Dept. of Justice, Washington, D. C., Thomas B. Mason, U. S. Atty., Roanoke, Va., for defendant.

MICHIE, District Judge.

Josephus Daniels Pell died a resident of Franklin County, Virginia, on September 2, 1958 leaving a will under which the First National Exchange Bank of Roanoke duly qualified as executor. The testator left a widow but no descendants, adopted children, descendants of adopted children or parents. By his will he, in effect, left his entire estate in trust, directing that the entire income therefrom be paid to his wife as long as she lived and...

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