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DULLES v. JOHNSON

No. 155, Docket 25252.

273 F.2d 362 (1959)

John Foster DULLES, Edward H. Green and Eustace Seligman, as and only as Executors of Last Will and Testament of William Nelson Cromwell, deceased, Plaintiffs-Appellants, v. James W. JOHNSON, formerly Collector of Internal Revenue for Third District of New York, and Bruce E. Lambert, acting Collector of Internal Revenue for Third District of New York, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 14, 1959.

Attorney(s) appearing for the Case

Sullivan & Cromwell, New York City (Norris Darrell, S. Pearce Browning, Jr., Henry N. Ess, III, William W. Crawford, New York City, of counsel), for plaintiffs-appellants.

Arthur H. Christy, U. S. Atty., S.D. N.Y., New York City (Renee J. Ginsberg, Arthur V. Savage, Asst. U. S. Attys., New York City, of counsel), for defendants-appellees.

Simpson, Thacher & Bartlett, New York City (Whitney North Seymour, David G. Sacks, New York City, of counsel), for New York County Lawyers' Ass'n; Davis, Polk, Wardwell, Sunderland & Kiendl, New York City (D. Nelson Adams, Richard R. Dailey, New York City, of counsel), for The Ass'n of the Bar of City of New York; Milbank, Tweed, Hope & Hadley, New York City (Weston Vernon, Jr., Florence Brush, New York City, of counsel), for New York State Bar Ass'n, amici curiae.

Before WATERMAN and MOORE, Circuit Judges, and BYERS, District Judge.

WATERMAN, Circuit Judge.

William Nelson Cromwell, a prominent New York City attorney, died in 1948. In addition to specific bequests, he provided in his will that the residue of his estate was to be divided into one hundred equal parts and distributed to various groups and organizations. Three of these parts were bequeathed to the New York County Lawyers Association, three parts to the Association of the Bar of the City of New York, and two parts to the New York State...

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