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PROVIDENT NAT. BANK v. UNITED STATES

No. 79-647.

504 F.Supp. 987 (1980)

PROVIDENT NATIONAL BANK, William White, Co-Executors of the Estate of Helen Bonnell Scott v. UNITED STATES of America.

United States District Court, E. D. Pennsylvania.

December 16, 1980.

Attorney(s) appearing for the Case

Theodore Flowers, Philadelphia, Pa., for plaintiffs.

Gregory Hrebiniak, Washington, D.C., for defendant.

MEMORANDUM

SHAPIRO, District Judge.

Plaintiffs bring this action pursuant to 28 U.S.C. § 1346(a)(1) to obtain a refund of federal estate taxes. Cross motions for summary judgment on stipulated facts are presently before the court. The sole question to be resolved is whether the decedent exercised a general testamentary power of appointment in whole or in part by a will dated September 10, 1973. We hold that...

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