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WINDSOR v. LEONARD

No. 71-1863.

475 F.2d 932 (1973)

Charles C. WINDSOR, Appellant, v. Marjorie Mansfield LEONARD et al.

United States Court of Appeals, District of Columbia Circuit.

Decided January 25, 1973.

Attorney(s) appearing for the Case

Stanley Worth, Washington, D. C., for appellant.

Michael F. Curtin, Washington, D. C., filed a brief for appellees.

Before BAZELON, Chief Judge, TAMM, Circuit Judge, and HARRISON WINTER, Circuit Judge for the Fourth Circuit.

PER CURIAM:

D.C.Code § 19-113 entitles a surviving husband or wife to renounce his rights under his spouse's will and elect instead a statutory share "not to exceed one-half of the net estate bequeathed and devised by the will . . .". This case raises a question as to what should be included in a decedent's "net estate" for purposes of determining the statutory share.

In May, 1969, Mrs. Virginia Windsor established a revocable trust and transferred to...

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