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ENDICOTT TRUST COMPANY v. UNITED STATES

No. 67-CV-13.

305 F.Supp. 943 (1969)

ENDICOTT TRUST COMPANY, as Executor of the Estate of Merlin J. Barret, Deceased, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court N. D. New York.

July 10, 1969.

Attorney(s) appearing for the Case

Smith, Leasure & Gow, Endicott, N. Y., for plaintiff.

Justin J. Mahoney, U. S. Atty., Albany, N. Y., for defendant.

Memorandum-Decision and Order

PORT, Judge.

Merlin J. Barret, at the time of his death, held 500 shares of Fruehauf Trailer and 1100 shares of I.B.M. common stock jointly with his surviving wife Estella, valued at $13,268.75 and $220,886.25 respectively. It is the inclusion of the total value of these securities in the gross estate of the decedent, that gives rise to the narrow and, apparently, first impression question presented by the plaintiff's motion...

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