DAWSON, District Judge.
The plaintiff in this case is seeking a refund of income taxes for the years 1917 to 1926, both inclusive. The material facts are as follows:
L. P. Ewald, a wealthy citizen of Louisville, died testate in 1909. The provisions of his will material to this controversy are the first, second, and fourth clauses thereof, which are as follows:
"First: I bequeath to the Fidelity Trust Company of Louisville, Kentucky, the sum of Three...
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