DUNCAN, District Judge.
This action was instituted by the executrix to recover the sum of $70,456.89 plus interest, alleged to have been overpaid as Federal Estate Taxes by the estate of Frederick C. Lamar. The facts are not in dispute, and the question for determination by the court is one of law; whether or not the plaintiff, as deceased's widow, under the terms of his will was entitled to a marital deduction of 50%, or whether her interest was a terminable one...
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