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THOMPSON'S ESTATE v. COMMISSIONER OF INTERNAL REV.

No. 39.

123 F.2d 816 (1941)

THOMPSON'S ESTATE v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

November 17, 1941.

Attorney(s) appearing for the Case

Emmet, Marvin & Martin, of New York City (George W. Martin, of New York City, of counsel), for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch, Gerald L. Wallace, and Louise Foster, Sp. Assts. to Atty. Gen., for respondent.

Before SWAN, CHASE, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

On May 15, 1907, Mary G. Thompson executed a will, naming her brother and sister as life beneficiaries of her estate and six charities as remaindermen. She died on April 22, 1935, and her will was probated on March 12, 1936. Letters testamentary were issued to the Bank of New York, the executor and petitioner here. Formal objections to the probate were filed by Robert D. L. Gardiner, who, as next-of...

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