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HUESMAN'S ESTATE v. COMMISSIONER OF INTERNAL REV.

No. 13006.

198 F.2d 133 (1952)

HUESMAN'S ESTATE et al. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Ninth Circuit.

July 1, 1952.

Attorney(s) appearing for the Case

Thomas R. Dempsey, Wellman P. Thayer, Arthur H. Deibert, William L. Kumler, H. B. Thompson, Los Angeles, Cal., for appellants.

Samuel Taylor, Walter G. Schwartz, San Francisco, Cal. (Taylor & Schwartz, San Francisco, Cal., of counsel), as amici curiae.

Ellis N. Slack, Acting Asst. Atty. Gen., A. F. Prescott, Carolyn R. Just, S. Dee Hanson, Special Assts. to the Atty. Gen., for appellee.

Before DENMAN, Chief Judge, and ORR and POPE, Circuit Judges.

ORR, Circuit Judge.

On May 3, 1944, Ralph R. Huesman died testate, a resident of the state of California. At the time of his death there was due and owing him from Desmond's, a California corporation, the sum of $80,517 as a bonus for services rendered. Huesman's last will and testament was admitted to probate. The net value of the estate exceeded $250,000. The provisions of the will involved in the instant case are appended.1

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