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FAIRBANKS v. COMMISSIONER OF INTERNAL REVENUE

No. 12752.

191 F.2d 680 (1951)

FAIRBANKS v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 19, 1951.

Attorney(s) appearing for the Case

Charles A. Christin and Wallace W. Scales, San Francisco, Cal., for petitioner.

Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Helen Goodner, John J. Kelley, Jr., and Hilbert P. Zarky, Sp. Assts. to the Atty. Gen., for respondent.

Before HEALY and POPE, Circuit Judges, and FEE, District Judge.

JAMES ALGER FEE, District Judge.

Petitioner was married to Frederick C. Fairbanks. On November 26, 1938, she was granted a divorce, and has not remarried. Fairbanks died May 22, 1940, and his will was probated in Indiana. Before the divorce, an agreement was entered into settling property rights, whereby petitioner was to be paid monthly payments of $1250, secured by certain stock in a newspaper company. The District Court of Nevada, in the decree of divorce, approved...

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