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POTTER v. UNITED STATES

Civ. A. No. 847-F.

269 F.Supp. 545 (1967)

Don B. POTTER and Harold D. Potter, as Executors of the Last Will and Testament of Charles E. Potter, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court N. D. West Virginia, Fairmont Division.

June 1, 1967.

Attorney(s) appearing for the Case

Hays Webb and Richard L. Douglas, Amos, Amos & Webb, Fairmont, W. Va., for plaintiffs.

Richard C. Pugh, Acting Asst. Atty. Gen., Myron C. Baum, Washingon, D. C., and Benjamin A. Douglas, Arlington, Va., Attys., John H. Kamlowsky, U. S. Atty., and John Marshall, III, Asst. U. S. Atty., Wheeling, W. Va., for defendant.

CHRISTIE, District Judge:

This matter is submitted to the Court upon an agreed stipulation of facts and it concerns the question of whether or not, under the terms of the joint and mutual will of Charles E. and Ora E. Potter, the surviving husband, Charles E. Potter, possessed a general power of appointment within the purview of 26 U.S.C.A. § 20411 over the property of his deceased wife at the time of his death.

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