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DISTRICT OF COLUMBIA v. FADELEY

Nos. 12924-12926, 12978-12981.

233 F.2d 667 (1956)

DISTRICT OF COLUMBIA, Petitioner, v. Fenton M. FADELEY, Respondent. DISTRICT OF COLUMBIA, Petitioner, v. Richard W. FADELEY, Respondent. DISTRICT OF COLUMBIA, Petitioner, v. F. Mercer FADELEY, Respondent. DISTRICT OF COLUMBIA, Petitioner, v. Fenton M. FADELEY, Respondent. DISTRICT OF COLUMBIA, Petitioner, v. Patrick A. DECK, Respondent. DISTRICT OF COLUMBIA, Petitioner, v. Chester A. BLINSTON, Respondent. DISTRICT OF COLUMBIA, Petitioner, v. Dolores U. FADELEY, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided June 7, 1956.

Attorney(s) appearing for the Case

Mr. George F. Donnella, Asst. Corp. Counsel for 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. Hymie Nussbaum, Asst. Corp. Counsel, also entered an appearance for petitioner.

Mr. Charles T. Akre, Washington, D. C., with whom Mr. John M. Bixler, Washington, D. C., was on the brief, for respondents.

Before PRETTYMAN, DANAHER and BURGER, Circuit Judges.

BURGER, Circuit Judge.

Ellen Fadeley died in April 1953 at age 84. Her executors reported on the federal estate tax return, a copy of which was filed with the District of Columbia inheritance tax return, two inter vivos gifts of $25,000 each which were made to decedent's two grandsons in February 1952; the executors asserted these gifts were not made in contemplation of death. The District of Columbia Assessor, however, held the gifts had been made in contemplation...

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