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SEUBERT v. SHAUGHNESSY

No. 271, Docket 23929.

233 F.2d 134 (1956)

Daniel J. SEUBERT, Administrator with Will Annexed, of the last Will and Testament of John W. Sadler, deceased, Plaintiff-Appellant, v. Frank J. SHAUGHNESSY, Individually and as Director of United States Internal Revenue for the District of Syracuse, N. Y., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 11, 1956.

Attorney(s) appearing for the Case

Daniel J. Seubert, of Sadler, Seubert, Wilson & Driscoll, Syracuse, N. Y., for plaintiff-appellant.

Morton K. Rothschild, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., and Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., and Theodore F. Bowes, U. S. Atty. for Northern Dist. of N. Y., Syracuse, N. Y., on the brief), for defendant-appellee.

Before CLARK, Chief Judge, and HINCKS and LUMBARD, Circuit Judges.

CLARK, Chief Judge.

This is an appeal from an order of Judge Brennan dismissing the complaint and granting summary judgment for defendant in an action to recover payments of estate tax and interest amounting to about $51,000. The decedent, who died in 1950, bequeathed the residue of his estate to his sister for life, with the right to invade the principal "for any purpose which may add to her comfort or convenience," and at her death, the remainder to Syracuse University...

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