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CUNHA'S ESTATE v. C. I. R.

No. 16278.

279 F.2d 292 (1960)

ESTATE of Edward A. CUNHA, Deceased, Bank of America, National Trust and Savings Association, Executor, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 31, 1960.

Attorney(s) appearing for the Case

Steinhart, Goldberg, Feigenbaum & Ladar, J. Donald Pettus, Marvin T. Tepperman, San Francisco, Cal., for appellant.

Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, L. W. Post, Attys., Dept. of Justice, Washington, D. C., John Pajak, Atty., Tax Div., Dept. of Justice, Washington, D.C. for appellee.

Before STEPHENS, ORR and MERRILL, Circuit Judges.

ORR, Circuit Judge.

Edward A. Cunha, a resident of San Mateo County, California died testate on August 6, 1954, leaving surviving him his widow, Helen V. Cunha, and a son. Thereafter petitioner was duly appointed executor of the estate and in due course petitioned the court in which the probate proceedings were pending for an allowance for the widow's support until administration would be completed. Said court, pursuant to section 680 of the California Probate Code...

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