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

No. 261, Docket 27117.

303 F.2d 30 (1962)

ESTATE of Sanford H. E. FREUND, Deceased, City Bank Farmers Trust Company and Robert Nias West, Executors, Petitioners-on-Review, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-on-Review.

United States Court of Appeals Second Circuit.

Decided May 15, 1962.


Attorney(s) appearing for the Case

Shearman & Sterling, New York City, for petitioners. George W. Foley, Richard V. Giordano and Charles Goodwin, Jr., New York City, of counsel.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Harry Baum and Ralph A. Muoio, Dept. of Justice, Washington, D. C., for respondent.

Before SWAN, KAUFMAN and HAYS, Circuit Judges.


SWAN, Circuit Judge.

Sanford Freund, a resident of Ridgefield, Connecticut, died testate on November 29, 1954. His will, after minor specific bequests, provided that the remainder of his estate should be held in trust, the income to be paid to his surviving sister during her life, and the principal, upon her death, to be paid to Harvard College. The question presented by this appeal is whether the Tax Court erred in deciding, upon stipulated facts, that the estate...

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