WATKINS v. FLY

No. 10591.

136 F.2d 578 (1943)

WATKINS et al. v. FLY, Collector of Internal Revenue.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 7, 1943.


Attorney(s) appearing for the Case

Cecil F. Travis, Vardaman S. Dunn, and H. V. Watkins, Sr., all of Jackson, Miss., for appellants.

Muriel S. Paul, Sewall Key, and Newton K. Fox, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and Toxey Hall, U. S. Atty., and A. Y. Harper, Asst. U. S. Atty., both of Jackson, Miss., for appellee.

Before HUTCHESON, HOLMES, and WALLER, Circuit Judges.


WALLER, Circuit Judge.

On October 1, 1936, Richard H. Green, a resident of Jackson, Mississippi, died, leaving a will in which he made certain bequests not here involved, and also undertook to devise the residuum of his estate to his executors, as trustees, for a charitable purpose.

The question presented is whether or not the estate is entitled to a deduction in Federal estate taxes, under Section 303 (a) (3) of the Revenue Act of 1926, 26 U.S.C.A. Int.Rev...

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