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SARGENT v. WHITE

No. 2552.

50 F.2d 410 (1931)

SARGENT et al. v. WHITE, Collector of Internal Revenue.

Circuit Court of Appeals, First Circuit.

May 28, 1931.

Attorney(s) appearing for the Case

William T. Snow, of Boston, Mass. (Gaston, Snow, Saltonstall & Hunt, of Boston, Mass., on the brief), for appellants.

J. Duke Smith, Sp. Asst. to the U. S. Atty., of Boston, Mass. (Frederick H. Tarr, U. S. Atty., of Boston, Mass., on the brief), for appellee.

Before BINGHAM, ANDERSON, and WILSON, Circuit Judges.

WILSON, Circuit Judge.

Frank W. Remick in 1921 made a transfer of certain securities in trust for the following uses and purposes:

"To pay over in their discretion as they may deem advisable the whole or any part of the net income of the trust estate to me, the said Frank W. Remick, or in their discretion, in case they deem it advisable, to accumulate any part or the whole of the net income, and such part of the net income as is not paid to me shall in each...

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