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PARDEE v. COMMISSIONER OF INTERNAL REVENUE

No. 4903.

63 F.2d 948 (1933)

PARDEE et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

March 4, 1933.

Attorney(s) appearing for the Case

Ralph B. Evans, 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.

Calvin Pardee, a resident of Pennsylvania, died in 1923. By his will he bequeathed and devised certain property to his wife absolutely. He then gave her "an annuity of $50,000," but by a later paragraph in the will conveyed the residue of his estate to trustees in trust to collect income and pay his wife the annuity which thereinbefore he had given her. Other provisions of the will indicate the annuity was for life, with remainders over as...

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