FLACK v. HOLTEGEL

No. 6278.

93 F.2d 512 (1937)

FLACK v. HOLTEGEL.

Circuit Court of Appeals, Seventh Circuit.

December 15, 1937.


Attorney(s) appearing for the Case

John W. Becker, of Bradford, Pa., for appellant.

Carlton Fox, of Washington, D. C., James W. Morris, Asst. Atty. Gen., Sewall Key, J. Louis Monarch, and Julian G. Gibbs, Sp. Assts. to Atty. Gen., and Val Nolan, U. S. Atty., of Indianapolis, Ind., for appellee.

Before EVANS and MAJOR, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

This appeal presents the sole question of whether the District Court properly held that a conveyance of real estate by Joseph F. Flack, deceased, was made in contemplation of death and that the property thereby conveyed was taxable as a part of his estate. Such was the finding and conclusion of the court, in bar of plaintiff's suit to recover the tax levied and paid.

On October 2, 1925, the decedent and his wife, each then aged eighty...

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