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BRODHAG v. UNITED STATES

Civ. A. No. 69-115CH.

319 F.Supp. 747 (1970)

Alex BRODHAG, Sophia B. Fruth, and the National Bank of Commerce of Charleston, Executors and Trustees under the Last Will and Testament of Elbert A. Fruth, deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S. D. West Virginia, Charleston Division.

November 27, 1970.

Attorney(s) appearing for the Case

Harry B. Lambert, Conley, Thompson, Lambert & Legg, Charleston, W. Va., for plaintiffs.

Johnnie M. Walters, Department of Justice, H. E. Marmoll, Washington, D. C., and W. Warren Upton, U. S. Atty. Charleston, W. Va., for defendant.

JOHN A. FIELD, Jr., Chief Judge.

MEMORANDUM OPINION

This suit involves a dispute over the deductibility of two bequests made by decedent in his will. The facts which have been fully stipulated are as follows:

Decedent died October 16, 1964, leaving a gross estate of $270,754.03. In his will, decedent made bequests in the gross amount of $21,000 to the Trustees of the Trinity Evangelical Church of Charleston and to the Sunset Memorial Park Company...

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