No. 26.

29 F.2d 14 (1928)

FARMERS' LOAN & TRUST CO. v. BOWERS, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

November 12, 1928.

Attorney(s) appearing for the Case

Taylor, Blanc, Capron & Marsh, of New York City (Edward H. Blanc, Henry C. Eldert, Russell L. Bradford, and Joseph Trachtman, all of New York City, of counsel), for appellant.

Charles H. Tuttle, U. S. Atty., of New York City (Thomas J. Crawford, Frank Chambers, and Samuel C. Coleman, Asst. U. S. Atty., all of New York City, of counsel), for appellee.

Root, Clark, Howland & Ballantine, of New York City (Elihu Root, Jr., Cloyd Laporte, and Herbert Brownell, Jr., all of New York City, of counsel), for Home Trust Co., amici curiæ.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

MANTON, Circuit Judge.

On May 25, 1916, three years before his death, William Waldorf Astor, a British subject, made a deed of trust in a very large amount. Plaintiff in error was named as trustee, and there was transferred to it stocks, bonds, and cash, to be held by it upon the trusts thereby imposed. On December 26, 1916, and again on August 15, 1919, modifications of the deed of trust were made, to which we shall refer. The plaintiff in error, as executor of the...


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