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FIDELITY-PHILADELPHIA T. CO. v. COMMISSIONER OF INT. REV.

No. 4964.

63 F.2d 949 (1933)

FIDELITY-PHILADELPHIA TRUST CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

March 4, 1933.

Attorney(s) appearing for the Case

Robert T. McCracken and Ulric J. Mengert, both of Philadelphia, Pa., for petitioner.

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

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.

WOOLLEY, Circuit Judge.

William L. Du Bois, a resident of Pennsylvania, died in 1918. By his will he bequeathed the bulk of his estate in trust to predecessors of the petitioner, now the sole trustee, and provided that they should collect the income and pay annually the sum of $4,000 to his son until the death of his mother, and pay the balance to his (the testator's) wife for life, and on her death to pay two-thirds of the income to his said son for life, and thereafter...

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