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NATIONAL BANK OF COMMERCE IN MEMPHIS v. UNITED STATES

No. 19305.

422 F.2d 1074 (1970)

NATIONAL BANK OF COMMERCE IN MEMPHIS and John S. Montedonico, Co-Executors of the Estate of Elizabeth G. Frank, Deceased, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

February 16, 1970.

Attorney(s) appearing for the Case

Matthew J. Zinn, Atty., Dept. of Justice, Washington, D. C., for appellant, Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Jonathan S. Cohen, Chester C. Davenport, Jr., Attys., Dept. of Justice, Washington, D. C., on brief, Thomas L. Robinson, U. S. Atty., Memphis, Tenn., of counsel.

Charles H. Davis, Memphis, Tenn., for appellees, Montedonico, Gilliland, Heiskell, Davis, Canale & Glankler, Memphis, Tenn., of counsel.

Before WEICK, McCREE and BROOKS, Circuit Judges.

McCREE, Circuit Judge.

Elizabeth G. Frank died testate in 1963 and left the residuary of her estate, approximately $1,000,000, to four trusts. The income from each of these trusts was to be paid to specified individuals for life. Neither the beneficiaries nor the trustees were given any right to invade the corpus. On the death of each life tenant, the corpus of his trust was to be paid over to specified charities.

When Miss Frank's executors prepared the federal...

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