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SOARS v. GRAHAM

Civ. A. No. 5671.

163 F.Supp. 239 (1957)

Harold M. SOARS, Executor of the Estate of Lucilla M. Soars, Deceased, Plaintiff, v. Francis P. GRAHAM, District Director of Internal Revenue for the District of Scranton, Pennsylvania, Defendant.

United States District Court M. D. Pennsylvania.

November 8, 1957.

Attorney(s) appearing for the Case

Furst, McCormick, Muir & Lynn, Williamsport, Pa., for plaintiff.

Robert J. Hourigan, U. S. Atty., Scranton, Pa., Charles K. Rice, Asst. Atty. Gen., James P. Garland, David A. Wilson, Jr., James P. Saunders, Attys., Dept. of Justice, Washington, D. C., for defendant.

FOLLMER, District Judge.

Stephen Soars, the husband of Lucilla M. Soars, died July 29, 1930. He was a resident of Muncy in Lycoming County, Pennsylvania, and his will was probated in that county. Under his will certain shares of stock were bequeathed to his widow, Lucilla M. Soars, with the absolute right to consume so much or all as in her opinion was "sufficient" for her maintenance. What remained unconsumed by her at the time of her death was bequeathed to the...

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