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KENAN v. BOWERS

No. 381.

50 F.2d 112 (1931)

KENAN et al. v. BOWERS.

Circuit Court of Appeals, Second Circuit.

June 1, 1931.

Attorney(s) appearing for the Case

Root, Clark & Buckner, of New York City (George E. Cleary, of New York City, of counsel), for appellants.

George Z. Medalie, U. S. Atty., of New York City (Walter H. Schulman, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The plaintiffs, as executors and trustees of the estate of Mary L. (Flagler) Bingham, deceased, brought this suit to recover income taxes paid on income for 1917 which they now claim was deductible from the gross income of the taxpayer.

Mrs. Bingham's former husband, Henry M. Flagler, died in 1913. Under his will, which was duly proved and allowed in Florida, a trust was created for five years, and for five additional years, if in the...

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