BROWN v. ROUTZAHN


58 F.2d 329 (1931)

BROWN v. ROUTZAHN, Collector of Internal Revenue.

District Court, N. D. Ohio, E. D.

September 9, 1931.


Attorney(s) appearing for the Case

Andrews & Belden, of Cleveland, Ohio, for plaintiff.

W. T. Sabine, Jr., of the Department of Justice, of Washington, D. C., and W. J. Mahon, U. S. Atty., of Cleveland, Ohio, for defendant.


WEST, District Judge.

Action by the executor of Harvey H. Brown to recover estate taxes, in which a jury was waived. Elizabeth Brown died in 1912, and by item 2 of her will left the decedent, her husband, one-third of all her property in fee, and a life estate in a valuable residence. Subject to this bequest, item 3 gave the residue of the estate in trust to the decedent, his son, Fayette Brown, and a trust company, as testamentary trustees. It required the net income...

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