PITNER v. UNITED STATES

No. 23364.

388 F.2d 651 (1967)

Moselle Silvey PITNER et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

December 18, 1967.


Attorney(s) appearing for the Case

John M. Smith, Longview, Tex.. for appellants.

Richard M. Roberts, Act. Asst. Atty. Gen., Lee A. Jackson, Gilbert E. Andrews, Robert Waxman, Attys., Dept. of Justice, Washington, D. C., W. Wayne Justice, U. S. Atty., Tyler, Tex., for appellee.

Before WISDOM, COLEMAN and GODBOLD, Circuit Judges.


WISDOM, Circuit Judge:

The plaintiffs, describing themselves as "custodians, next of kin and beneficiaries of the estate of J. E. Sexton, deceased", sue the United States to recover $75,848.19 in estate taxes. Sexton's will was not probated and there was no formal administration of the estate. The plaintiffs had established their rights to Sexton's estate through litigation based on Sexton's oral agreement with his brother to make mutual wills in favor of the plaintiffs...

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