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POTTER v. FAHS

No. 12158.

167 F.2d 641 (1948)

POTTER v. FAHS, Collector of Internal Revenue.

Circuit Court of Appeals, Fifth Circuit.

April 20, 1948.

Attorney(s) appearing for the Case

Alfred A. Green, of Daytona Beach, Fla., R. S. Doyle, J. Gilmer Korner, Jr., and Stanley Worth, all of Washington, D. C. for appellant.

Louise Foster and Sewall Key, Sp. Assts. to Atty. Gen., Theron L. Caudle, Asst. Atty. Gen., Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Edith House, Asst. U. S. Atty., of Jacksonville, Fla., for appellee.

Before SIBLEY, WALLER, and LEE, Circuit Judges.

WALLER, Circuit Judge.

Plaintiff's husband, Elmore Livingston Potter, a resident of Daytona Beach, in Volusia County, Florida, died testate on June 24, 1939. His will and codicil were duly probated in the County Judge's Court in the county of his residence and letters testamentary were issued to his widow, Jessie B. Potter, appellant here, and to the Atlantic National Bank of Daytona Beach, Florida, as co-executors of the will.

The widow filed a claim against...

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