STRITE v. McGINNES

No. 14461.

330 F.2d 234 (1964)

Albert STRITE and Commonwealth Trust Company of Pittsburgh, Executors of the Estate of Lillian D. Cree, Deceased, Appellants, v. Edgar A. McGINNES, District Director of Internal Revenue, Appellee.

United States Court of Appeals Third Circuit.

Decided March 31, 1964.

Rehearing Denied April 23, 1964.


Attorney(s) appearing for the Case

Henry D. O'Connor, Philadelphia, Pa., for appellants.

Robert J. Golten, Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Meyer Rothwacks, David O. Walter, Attys., Dept. of Justice, Washington, D. C., Drew J. T. O'Keefe, U. S. Atty., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and GANEY, Circuit Judges.


McLAUGHLIN, Circuit Judge.

This is an action by the executors of the estate of Lillian D. Cree for the refund of certain estate taxes paid.

Lillian Cree was one of three sisters who, in 1939, executed identical wills. Each sister in her will established a trust of the residue of her estate, the net income from which was to be paid for life to the other two sisters and their survivor, and thereafter to a brother for life. On the death of the surviving sisters...

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