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ESTATE OF CAMPBELL v. UNITED STATES

Civ. No. 76-949.

449 F.Supp. 675 (1977)

ESTATE of Grace L. CAMPBELL, Dec'd, James A. Campbell, II and Martha C. Hookway, co-executors, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. New Jersey.

October 12, 1977.

Attorney(s) appearing for the Case

Cohen, Carles & Poe, Newark, N. J. (Thomas S. Carles and Martin D. Cohen, Newark, N. J., appearing), for plaintiffs.

Jonathan L. Goldstein, U. S. Atty., Newark, N. J. (George E. Mittelholzer, Asst. U. S. Atty., Newark, N. J., appearing), Myron C. Baum, Acting Asst. Atty. Gen., Jerome Fink and Stephen T. Lyons, Attys., Dept. of Justice, Washington, D. C., for defendant.

OPINION

BIUNNO, District Judge.

This is a suit for refund of federal estate tax in connection with the estate of Grace L. Campbell (Grace) who died in 1973. The major item claimed will be controlled by the question whether the assets of a trust established by the will of her father, William H. Lummis, with a power of appointment in Grace, are to be included in the determination of her federal estate tax.

As is well known, the assets comprising the...

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