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HOCKMAN v. UNITED STATES

Civ. Nos. 18735, 18736.

327 F.Supp. 332 (1971)

P. L. HOCKMAN, and W. O. Grove, Executors of the Estate of Raymond J. Funkhouser v. UNITED STATES of America. BLAKELY BANK AND TRUST CO. et al., v. UNITED STATES of America.

United States District Court, D. Maryland.

April 30, 1971.

Attorney(s) appearing for the Case

John S. McDaniel, Jr., Lawrence A. Kaufman, and Cable, McDaniel, Bowie & Bond, Baltimore, Md., for plaintiffs.

Johnnie M. Walters, Asst. Atty. Gen., Donald R. Anderson and Edward J. Snyder, Attys., Dept. of Justice, Washington, D. C., Stephen H. Sachs, U. S. Atty., and Alan B. Lipson, Asst. U. S. Atty., for defendant.

FRANK A. KAUFMAN, District Judge.

On October 1, 1953, Raymond J. Funkhouser (Grantor), at that time a resident of the State of Maryland, created an irrevocable inter vivos trust providing, inter alia, for all of the net income of that trust to be paid to his grandson during the grandson's lifetime. Article Fifth (3) of that trust states:

Notwithstanding anything herein to the contrary provided, the Trustees are authorized in their absolute discretion...

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