BREWSTER, District Judge.
The plaintiff, as executor, seeks to recover an additional estate tax of $1,283.12, assessed upon the estate of Daniel W. Lawrence, and paid under protest. The action was tried without jury upon agreed facts.
Daniel W. Lawrence died May 9, 1921, leaving a will in which he gave the income of $100,000 upon trust to pay the income to his son, Rosewell B. Lawrence, during his lifetime, and upon his death the net income was to be paid...
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