MORTON, District Judge.
This is an action to recover back an estate tax, which was, as the plaintiff claims, illegally exacted on the estate of his deceased wife, Leslie N. Bradley. The present questions arise on the defendant's demurrer to the declaration. The facts alleged in the declaration are as follows:
Mrs. Bradley joined with her husband in establishing a trust fund. She contributed to it property valued at $730,000, he contributed property valued...
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