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DISTRICT OF COLUMBIA v. CASTIELLO

No. 12941.

230 F.2d 839 (1956)

DISTRICT OF COLUMBIA, Petitioner, v. Joseph F. CASTIELLO and William T. Hannan, Executors and Trustees, Respondents.

United States Court of Appeals District of Columbia Circuit.

Decided March 15, 1956.

Attorney(s) appearing for the Case

Mr. George F. Donnella, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Vernon E. West, Corp. Counsel, Chester H. Gray, Principal Asst. Corp. Counsel, and George C. Updegraff, Asst. Corp. Counsel, were on the brief, for petitioner.

Mr. Joseph F. Castiello, Washington, D. C., respondent pro se, with whom Mr. William T. Hannan, Washington, D. C., respondent pro se, was on the brief, for respondents.

Before EDGERTON, Chief Judge, and FAHY and BASTIAN, Circuit Judges.

PER CURIAM.

The will of Ada Harris Maley left property to trustees, the income and finally the principal of which was to be distributed to such worthy "charity or charities in the District of Columbia as [the trustees] may select in their own discretion." The District of Columbia Tax Court, construing this language, decided that "It is the duty of the trustees to see that the income or corpus is not used for any purpose other than the promotion or carrying on of some...

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