Willcuts v. Ordway

STONE, Circuit Judge.

This is a writ of error by the collector of internal revenue from a judgment entered, after overruling a general demurrer to the petition, for the refund of certain income taxes.

In 1917, Lucius P. Ordway created a trust providing, inter alia, as follows:

“The balance of the income of said trust shall be divided into five equal parts, it being my intention that each of my children shall be entitled to an equal proportion of the income of said trust fund. The shares of each of my adult children * * * shall be distributed to them at su'eh times in the course of each year as…