OLD KENT BANK AND TRUST COMPANY v. UNITED STATES

No. 16438.

362 F.2d 444 (1966)

OLD KENT BANK AND TRUST COMPANY, Mildred M. Campbell and Charles R. Sligh, Jr., co-executors of the estate of Kenneth H. Campbell, deceased, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant,

United States Court of Appeals Sixth Circuit.

June 15, 1966.


Attorney(s) appearing for the Case

Benjamin M. Parker, Dept. of Justice, Washington, D. C., Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, Attys., Dept. of Justice, Washington, D. C., on brief; Harold D. Beaton, U. S. Atty., Grand Rapids, Mich., of counsel, for appellant.

Peter Van Domelen, Grand Rapids, Mich., Warner, Norcross & Judd, Grand Rapids, Mich., on brief, for appellees.

Before PHILLIPS and EDWARDS, Circuit Judges, and WILSON, District Judge.


PHILLIPS, Circuit Judge.

This appeal presents two questions:

(1) Is a federal court, in determining the marital deduction to which the estate of a decedent is entitled for federal estate tax purposes, conclusively bound by the construction of decedent's will adopted by a Michigan Probate Court in a decision from which no appeal was taken?

(2) If not, what is the correct construction of the will here involved...

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