KIRKPATRICK, District Judge.
This is an action at law to recover a portion of an inheritance tax paid under protest. It is now before the court upon an affidavit of defense in the nature of a demurrer. The question involved is whether or not certain property passing, at the death of the decedent, under a power of appointment exercised by the decedent in his will was properly included in the statutory gross estate of the decedent for tax purposes.
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