BRITTEN v. UNITED STATES

Civil Action No. 1749.

63 F.Supp. 478 (1945)

BRITTEN et al. v. UNITED STATES.

District Court, D. New Jersey.

December 6, 1945.


Attorney(s) appearing for the Case

Orlando H. Dey, of Rahway, N. J., for plaintiffs.

Edgar H. Rossbach, U. S. Atty., of Newark, N. J., and Edward V. Ryan, Asst. U. S. Atty., of Jersey City, N. J., for defendant.


FAKE, District Judge.

This case was before the Court on defendant's motion for summary judgment after answer filed. The points at issue were considered on oral arguments and on briefs filed resulting in an opinion of the Court reported in 60 F.Supp. 991, holding that under the terms of the will, the capital gains involved, inured to the benefit of the cestuis que trustents individually and not to the estate as a whole.

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