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BUTTERWORTH v. COMMISSIONER OF INTERNAL REVENUE

No. 4902.

63 F.2d 944 (1933)

BUTTERWORTH et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

March 3, 1933.

Attorney(s) appearing for the Case

Charles Myers and Barnes, Biddle & Myers, all of Philadelphia, Pa., for petitioners.

G. A. Youngquist, Asst. Atty. Gen., and Carlton Fox and J. Louis Monarch, Sp. Assts. to Atty. Gen. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Maxwell M. Mahany, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for respondent.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.

WOOLLEY, Circuit Judge.

William B. Butterworth, a resident of Pennsylvania, died in 1921. By his will he bequeathed certain property to his wife absolutely and gave the residue of his estate to the petitioners, as trustees, to pay "the net income arising therefrom" unto his wife for life, with remainders over. His wife elected to take under the will in lieu of the interest in her husband's estate which the law of Pennsylvania gave her. For several years the trustees...

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