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LEMLE v. UNITED STATES

No. 490, Docket 77-6145.

579 F.2d 185 (1978)

Bertha LEMLE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 5, 1978.

Attorney(s) appearing for the Case

Louis Haimoff, New York City (Blum, Haimoff, Gersen, Lipson & Szabad, Joseph G. Blum and Seymour J. Kehlman, New York City, of counsel), for plaintiff-appellant.

William G. Ballaine, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., Patrick H. Barth, Asst. U. S. Atty., New York City, of counsel), for defendant-appellee.

Before FRIENDLY and VAN GRAAFEILAND, Circuit Judges, and DOOLING, District Judge.

VAN GRAAFEILAND, Circuit Judge:

Bertha Lemle's husband died in 1964, leaving a last will and testament which provided that she was to receive the net income for life of one-third of his residuary estate payable in monthly installments. Following probate of the will in 1965, the executors commenced monthly payments and continued them through 1970.1

On February 3, 1966, appellant filed a notice of election in Surrogate's Court, New...

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