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ESTATE OF MITTLEMAN v. C. I. R.

No. 73-2001.

522 F.2d 132 (1975)

ESTATE of Jerome MITTLEMAN, Deceased, Henrietta Mittleman, Irving B. Yochelson and Solomon Grossberg, Executors, Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 3, 1975.

Attorney(s) appearing for the Case

Werner Strupp, Washington, D. C., for appellants.

William M. Brown, Atty., Dept. of Justice, of the bar of the Court of Appeals of Kentucky, pro hac vice, by special leave of court, with whom Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks and Loring W. Post, Attys., Dept. of Justice, were on the brief for appellee.

Before ROBINSON, ROBB and WILKEY, Circuit Judges.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Jerome Mittleman died testate on October 13, 1965, while resident and domiciled in the District of Columbia. His duly probated will makes bequests to his son and others, and in its ninth paragraph creates a trust of the residuary estate "[t]o provide for the proper support, maintenance, welfare and comfort" of Henrietta Mittleman, his wife, "for her entire lifetime."1 The trustees, who

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