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FRAZIER v. UNITED STATES

No. 19853.

322 F.2d 221 (1963)

Juanita Tholl FRAZIER, Executrix of the Last Will and Testament of Pauline G. Tholl, Deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

August 27, 1963.

Attorney(s) appearing for the Case

R. M. Ginsberg, Dallas, Tex., Lefkowitz, Green, Ginsberg, Eades & Gilmore, Dallas, Tex., for appellant.

Martin B. Cowan, Atty., Lee A. Jackson, Melva M. Graney, Dept. of Justice, Washington, D. C., Barefoot Sanders, U. S. Atty., Joseph McElroy, Jr., Asst. U. S. Atty., Dallas, Tex., Louis F. Oberdorfer, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for appellee.

Before HUTCHESON, RIVES and GEWIN, Circuit Judges.

GEWIN, Circuit Judge.

This is an appeal by Juanita Tholl Fraser,1 Executrix of the last will and testament of Pauline G. Tholl, who died in 1955, herein called decedent, from a judgment of the District Court denying in part a claim for refund of estate taxes.

F. G. Tholl died testate in Dallas County, Texas, in December 1932, and his last will and testament was duly probated and admitted to record in February 1933. F. G. Tholl...

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