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ROBINSON v. UNITED STATES

No. 74-1380.

518 F.2d 1105 (1975)

F. Lee ROBINSON, Executor of the Estate of Fred L. Robinson, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

June 11, 1975.

Attorney(s) appearing for the Case

Stephen Granat, Malta, Mont., Richard F. Gallagher, Great Falls, Mont., for plaintiff-appellant.

Otis L. Packwood, U. S. Atty., Billings, Mont., Roger M. Olsen, Trial Atty., U. S. Dept. of Justice, Scott P. Crampton, Asst. Atty. Gen., Tax Div., U. S. Dept. of Justice, Washington, D. C., for defendant-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and SKOPIL, District Judge.

OPINION

CHOY, Circuit Judge:

Fred L. Robinson died testate, his will directing that "all my just debts and funeral expenses be fully paid and satisfied." No provision in his will specifically named a source from which federal estate taxes were to be paid; indeed, taxes were never mentioned at all.

The will further provided:

6. All of the rest, residue and remainder of my estate real, personal and mixed, I give, devise and bequeath as follows...

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