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BANK OF NEW YORK v. UNITED STATES

No. 67 Civ. 622.

314 F.Supp. 1167 (1970)

The BANK OF NEW YORK, as Executor of the Will of Grace A. Sedgwick, deceased, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court, S. D. New York.

July 9, 1970.

Attorney(s) appearing for the Case

Emmet, Marvin & Martin, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty., S. D. New York, New York City, for the United States; Richard S. Rudick, Alan B. Morrison, Asst. U. S. Attys., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

These are cross-motions for summary judgment in an action brought by the executor of the estate of Grace A. Sedgwick for a refund of federal estate taxes. The parties agree that no factual issue exists and that the matter is ripe for summary judgment.

In 1907, Grace A. Sedgwick created a trust under which she transferred certain property to her trustee, she to receive the income for life. She retained a general...

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