THOMAS, District Judge.
This is a suit for the recovery of estate taxes paid by plaintiff as executor for decedent's estate. It has been submitted to the court on the pleadings, stipulations of fact, and arguments and briefs of counsel for the respective parties. The questions presented for determination are two:
(a) Were certain general testamentary powers of appointment, possessed by the decedent at the time of her death, created before or after October...
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