WOLFSEN v. SMYTH

No. 14174.

223 F.2d 111 (1955)

Norman A. WOLFSEN and Gertrude Wolfsen Hickey, Distributees of the Estate of Arthur H. Wolfsen, deceased, Appellants, v. James G. SMYTH, United States Collector of Internal Revenue for the First District of California, Appellee.

United States Court of Appeals Ninth Circuit.

May 25, 1955.


Attorney(s) appearing for the Case

Wallace Sheehan, Melvin, Faulkner, Sheehan & Wiseman, San Francisco, Cal., for appellants.

H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Lee A. Jackson, Elmer J. Kelsey, Louise Foster, Sp. Assts. to Atty. Gen., Lloyd H. Burke, U. S. Atty., George A. Blackstone, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before HEALY and BONE, Circuit Judges and CLARK, District Judge.


BONE, Circuit Judge.

On June 6, 1929, Arthur H. Wolfsen and his wife Agnes I. Wolfsen, entered into a property settlement agreement under which the wife waived any claim for future support, and received in lieu of her share of community property, five promissory notes totaling $47,500 bearing interest at 6% per annum, the last of which notes was due and payable on June 6, 1934. These notes were secured by liens on certain real property in which Arthur H. Wolfsen had...

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