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BETTS v. UNITED STATES

Civ. A. No. 8912.

239 F.Supp. 444 (1965)

Esther D. C. BETTS, as Executrix of the Last Will and Testament of Nelson B. Betts, Deceased, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court N. D. New York.

January 14, 1965.

Attorney(s) appearing for the Case

Smith, Pattison, Sampson & Jones, Troy, N. Y., for plaintiff; Joshua N. Koplovitz, Troy, N. Y., of counsel.

Justin J. Mahoney, U. S. Atty., Albany, N. Y., for defendant; Louis F. Oberdorfer, Asst. Atty. Gen., Edward S. Smith, David A. Wilson, Jr., Daniel J. Dinan, Attorneys, Department of Justice, Washington, D. C., of counsel.

JAMES T. FOLEY, Chief Judge.

The complaint herein seeks adjudication that would allow as a marital deduction the sum of $33,875.81, the balance of one-half the adjusted gross estate of the deceased. The government moves for judgment on the pleadings in its favor for the reason the complaint does not state a claim upon which relief can be granted. The issue is a legal one and the contentions of the plaintiff not new in the Courts.

In the last will and testament...

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