NATIONAL SAVINGS AND TRUST COMPANY v. UNITED STATES

No. 282-69.

436 F.2d 458 (1971)

NATIONAL SAVINGS AND TRUST COMPANY, Executor of the Estate of John Weberpals, Plaintiff v. The UNITED STATES.

United States Court of Claims.

January 22, 1971.


Attorney(s) appearing for the Case

Benjamin W. Dulany, Washington, D. C., attorney of record, for plaintiff. Ronald E. Madsen and Douglas, Obear & Campbell, Washington, D. C., of counsel.

Seth Stopek, Washington, D. C., with whom was Asst. Atty. Gen., Johnnie M. Walters, for defendant. Philip R. Miller and Joseph Kovner, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON and NICHOLS, Judges.


OPINION

COWEN, Chief Judge.

John Weberpals, an alien resident of the United States, died testate on March 1, 1967. Article Four of his will, which was admitted to probate, bequeathed the residue (the bulk) of his estate to the Town of Redwitz Ad Rodach, Bavaria, Germany, for the express purpose of building a home for the aged, or if such a home existed, for the purpose of improving and extending the existing facilities.

Plaintiff, executor, filed...

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