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DELANEY v. GARDNER

No. 4696.

204 F.2d 855 (1953)

DELANEY v. GARDNER et al.

United States Court of Appeals First Circuit.

June 5, 1953.

Attorney(s) appearing for the Case

Harry Marselli, Sp. Asst. to Atty. Gen. (Charles S. Lyon, Asst. Atty. Gen., Ellis N. Slack, A. F. Prescott and Maryhelen Wigle, Sp. Assts. to Atty. Gen., George F. Garrity, U. S. Atty., and Philip T. Jones, Asst. U. S. Atty., both of Boston, Mass., on brief), for appellant.

Earle W. Carr, Boston, Mass. (Joseph P. Rooney and Gaston, Snow, Rice & Boyd, Boston, Mass., on brief), for appellees.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

HARTIGAN, Circuit Judge.

This is an appeal from a judgment entered in the United States District Court for the District of Massachusetts on June 19, 1952 for the taxpayers in an action brought for a refund of estate taxes.

The taxpayers are the two executors under the will of Olga E. Monks, a Massachusetts resident who died on April 22, 1944. The will was dated March 18, 1939 and was allowed by the Probate Court for Suffolk County, Massachusetts, on May 18...

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