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ERNEST AND MARY HAYWARD WEIR FOUNDATION v. UNITED STATES

No. 200, Docket 73-2822.

508 F.2d 894 (1974)

ERNEST AND MARY HAYWARD WEIR FOUNDATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 30, 1974.

Attorney(s) appearing for the Case

Michael A. Cardozo, New York City (Robert J. Jossen, Proskauer Rose Goetz & Mendelsohn, New York City, on the brief), for appellant.

Paul J. Curran, U. S. Atty., S. D. N. Y. (David P. Land and Gerald A. Rosenberg, Asst. U. S. Attys., of counsel), for appellee.

Before CLARK, Associate Justice, and MOORE and TIMBERS, Circuit Judges.

PER CURIAM:

Appellant, a tax-exempt charitable corporation, is the successor in interest to a private, non-charitable testamentary trust established at the death of Ernest Weir in 1957. Under the provisions of the will, the income of the trust was to go to his widow, Mrs. Mary Hayward Weir, for life and then "to such person or persons, including her estate, as she may, by her last will and testament, nominate and appoint." Just prior to the death of Mrs. Weir in 1968...

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