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MATTESON v. UNITED STATES

Civ. No. 5582.

147 F.Supp. 535 (1956)

Grace M. MATTESON, as Surviving Executrix of the Last Will and Testament of Edward M. Markham, Plaintiff. v. UNITED STATES of America, Defendant.

United States District Court N. D. New York.

February 29, 1956.

Attorney(s) appearing for the Case

Draper & Bartle, Troy, N. Y., Emil S. Bartle, Troy, of counsel, for plaintiff.

Theodore F. Bowes, U. S. Atty., Syracuse, for defendant, H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, Frederic G. Rita, Attys., Dept. of Justice, Washington, D. C., of counsel.

FOLEY, District Judge.

The plaintiff, as the surviving executrix of the estate of her father, seeks to recover substantial federal estate taxes paid under protest. The suit was submitted upon a stipulation of agreed facts, and the legal problem involved is concise.

By his will in the second paragraph, after the usual clause for the payment of just debts and funeral expenses, the testator created a testamentary...

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