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WILMINGTON TRUST CO. v. UNITED STATES

No. 18.

28 F.2d 205 (1928)

WILMINGTON TRUST CO. v. UNITED STATES.

District Court, D. Delaware.

September 6, 1928.

Attorney(s) appearing for the Case

William S. Hilles, of Wilmington, Del., and Frank S. Bright, and Lowndes C. Connally, both of Washington, D. C., for plaintiff.

Leonard E. Wales, U. S. Atty., of Wilmington, Del., and C. M. Charest, General Counsel, and T. H. Lewis, Jr., Sp. Atty., of Bureau of Internal Revenue, both of Washington, D. C.

MORRIS, District Judge.

To the petition filed by Wilmington Trust Company, as executor of William Baxter, deceased, against United States of America, to recover, with interest, federal estate taxes in the sum of $6,578.12, paid by the plaintiff to the defendant, the defendant has demurred upon the ground that the petition shows no right to recover the taxes so paid.

In addition to the performance of all conditions precedent the petition alleges, in effect...

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