McCAUGHN v. FIDELITY TRUST CO.

No. 3601.

34 F.2d 443 (1929)

McCAUGHN, Collector of Internal Revenue, v. FIDELITY TRUST CO. et al.

Circuit Court of Appeals, Third Circuit.

August 22, 1929.


Attorney(s) appearing for the Case

George W. Coles, U. S. Atty., of Philadelphia, Pa. (C. M. Charest, Gen. Counsel, and T. H. Lewis, Jr., Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for plaintiff in error.

Clement Wood, of Philadelphia, Pa. (Morgan, Lewis & Bockius, of Philadelphia, Pa., of counsel), for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


DAVIS, Circuit Judge.

This was an action instituted by the Fidelity Trust Company et al., administrators of the estate of Sarah Brooke Dolan, deceased, to recover federal estate taxes assessed and collected under the provisions of the Revenue Act of 1918. In 1908 Mrs. Dolan executed a deed of trust, in which she transferred to the Fidelity Trust Company of Philadelphia, as trustee, a large amount of securities, with directions to pay over the net income thereof to...

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