IN RE ESTATE OF HARTSHORNE

No. 18, Docket 32199.

402 F.2d 592 (1968)

In re ESTATE of Harold HARTSHORNE, Deceased. Harold HARTSHORNE, Jr., and James M. Hartshorne, Executors, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided October 28, 1968.


Attorney(s) appearing for the Case

Francis J. Rogers, New York City, for petitioners.

Marian Halley, Dept. of Justice, Washington, D. C. (Mitchell Rogovin, Asst. Atty. Gen., Meyer Rothwacks and Loring W. Post, Washington, D. C., on the brief), for respondent.

Before WATERMAN, SMITH and HAYS, Circuit Judges.


J. JOSEPH SMITH, Circuit Judge:

Harold Hartshorne died on February 15, 1961, leaving a will providing that one-third of his residuary estate (after certain exclusions and less $100,000) be placed in trust, the income to be paid to his former wife Mary during her lifetime and the principal to be paid to their three adult children upon her death. The provisions for Mary and the adult children were made pursuant to a settlement agreement ratified and adopted as part...

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