CARY v. UNITED STATES


15 F.2d 602 (1926)

CARY v. UNITED STATES.

District Court, W. D. New York.

October 30, 1926.


Attorney(s) appearing for the Case

Rann, Vaughan, Brown & Sturtevant, of Buffalo, N. Y. (J. Edmund Kelly and Mark N. Turner, both of Buffalo, N. Y., of counsel), for plaintiff.

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y.


HAZEL, District Judge.

This is an action to recover $3,927.59 from the United States, an amount alleged to have been erroneously paid by plaintiff as an estate tax. Plaintiff moved for judgment on the pleadings.

The sole question involved is one of law, and is whether plaintiff's intestate received a certain legacy from her father, George K. Birge, by gift, devise, bequest, or inheritance, or whether said legacy had lapsed, and the amount subsequently paid...

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