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ALLEN v. BRANDEIS

Nos. 8031, 8032.

29 F.2d 363 (1928)

ALLEN, Collector of Internal Revenue for the District of Nebraska, v. BRANDEIS. UNITED STATES v. SAME.

Circuit Court of Appeals, Eighth Circuit.

November 17, 1928.

Attorney(s) appearing for the Case

T. H. Lewis, Jr., Sp. Atty., Bureau of Internal Revenue, of Washington, D. C. (C. M. Charest, General Counsel, Bureau of Internal Revenue, of Washington, D. C., and James C. Kinsler, U. S. Atty., of Omaha, Neb., on the brief), for plaintiffs in error.

John L. Kennedy, of Omaha, Neb. (Jay C. Halls, Albert L. Hopkins, and O. John Rogge, all of Chicago, Ill., on the brief), for defendant in error.

Before BOOTH, Circuit Judge, and POLLOCK and DEWEY, District Judges.

POLLOCK, District Judge.

Defendant in error, plaintiff below, was the wife of Arthur D. Brandeis of Omaha, Neb. Arthur D. Brandeis, a man of large wealth, died testate June 10, 1916. By the laws of the state Mrs. Brandeis was entitled to receive as her dower right out of the estate a very large sum of money or property measured in money at the sum of $483,727.79. Of no part of this amount could the will of her husband deprive her without her consent. At his decease...

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