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BOTSFORD v. RIDDELL

No. 16654.

283 F.2d 298 (1960)

Frederick L. BOTSFORD and Richard H. Miers, etc., et al., Appellants, v. Robert A. RIDDELL, District Director of Internal Revenue, Appellee.

United States Court of Appeals Ninth Circuit.

October 13, 1960.

Attorney(s) appearing for the Case

Ernest R. Mortenson, Pasadena, Cal., for appellants.

Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, David O. Walter, Attys., Dept. of Justice, Washington, D. C., Laughlin E. Waters, U. S. Atty., Edward R. McHall, Lillian W. Stanley, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before STEPHENS and BARNES, Circuit Judges and BOLDT, District Judge.

PER CURIAM.

The appellants are trustees of two trusts created by defendants Will and Agnes Flitcroft on January 1, 1953. The trustors filed gift tax returns reporting as gifts the property interests transferred to the trusts. The trustees commenced this action in the state superior court seeking reformation of the trust instruments by the insertion therein of the sentence: "This trust is irrevocable." It is alleged that the quoted sentence was omitted from the trust...

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