BATTERTON v. UNITED STATES

No. 26263.

406 F.2d 247 (1968)

A. J. BATTERTON, Executor of the Will of Mary Todd Batterton, Deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 28, 1969.

Certiorari Denied June 2, 1969.


Attorney(s) appearing for the Case

James G. Stephenson, Brown, Dixon & Shear, Tampa, Fla., for appellant.

Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Roger Moore, David E. Carmack, Jonathan S. Cohen, Attys., Dept. of Justice, Washington, D. C., Edward F. Boardman, U. S. Atty., Tampa, Fla., for appellee.

Before TUTTLE and AINSWORTH, Circuit Judges, and MITCHELL, District Judge.


Certiorari Denied June 2, 1969. See 89 S.Ct. 1995.

TUTTLE, Circuit Judge:

The decision in this case turns upon our deciding whether a contract to make mutual wills, carried out by the decedent in favor of her husband by the execution of a will "pursuant to the attached contract this day made," and which was attached as an exhibit to the will, became a part of the will by incorporation in such manner as to convert what might otherwise appear to be a residuary...

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