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TITLE INSURANCE AND TRUST COMPANY v. UNITED STATES

No. 64-1331.

249 F.Supp. 386 (1965)

TITLE INSURANCE AND TRUST COMPANY, Executor of the Estate of Ludwig G. B. Erb, Deceased, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court S. D. California, Central Division.

November 8, 1965.

Attorney(s) appearing for the Case

Bodkin, Breslin & Luddy, Los Angeles, Cal., for plaintiff.

Manuel L. Real, U. S. Atty., Loyal E. Keir, Asst. U. S. Atty., Chief, Tax Division, James S. Bay, Asst. U. S. Atty., Los Angeles, Cal., for defendant.

WESTOVER, District Judge.

Ludwig G. B. Erb created an inter vivos trust by Declaration of Trust dated April 20, 1942, naming as Trustee the Title Insurance and Trust Company, which Trust is designated by Trustee as Trust No. P-10551.

In general the Trust provided that income from the corpus was to be distributed to the Trustor during his lifetime and upon his death (in the event his wife, Emma Erb, survived him) to Emma Erb during her lifetime; upon the death...

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