HELVERING v. FALK

No. 225.

291 U.S. 183 (1934)

HELVERING, COMMISSIONER OF INTERNAL REVENUE, v. FALK ET AL., EXECUTORS.

Supreme Court of United States.

Decided January 15, 1934.


Attorney(s) appearing for the Case

Mr. Erwin N. Griswold, with whom Solicitor General Biggs, Mr. Sewall Key, and Miss Helen R. Carloss were on the brief, for petitioner.

Mr. Charles F. Fawsett, with whom Mr. Richard S. Doyle was on the brief, for respondents.


MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

The Bristol iron ore mine in Michigan, while subject to a fourteen year lease providing for royalties of nineteen cents per ton, was conveyed to three trustees to hold during two lives and twenty-one years with power to manage, sell, lease, mortgage or otherwise dispose thereof. After providing for payment of taxes, expenses, etc., the deed directed:

"Except as above authorized to be expended, paid...

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