ROTHENSIES v. FIDELITY-PHILADELPHIA TRUST CO.

No. 7042.

112 F.2d 758 (1940)

ROTHENSIES, Collector of Internal Revenue, v. FIDELITY-PHILADELPHIA TRUST CO. et al.

Circuit Court of Appeals, Third Circuit.

April 23, 1940.


Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Norman D. Keller, and Lyle M. Turner, Sp. Assts. to the Atty. Gen., for appellant.

George P. Orr, Orr, Hall & Williams, and Madison S. DuBois, all of Philadelphia, Pa., for appellees.

Before MARIS, CLARK, and JONES, Circuit judges.


JONES, Circuit Judge.

The question raised by this appeal is whether property bequeathed by a donee in the exercise of a general power of appointment, to the same persons in lesser estates who would have taken the property in its entirety under the will of the donor in default of appointment, passes in virtue of the exercise of the power within the meaning of § 302(f) of the Revenue Act of 1926, as amended, 26 U.S.C.A.Int.Rev. Code, § 811(f).

William...

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