Charleston National Bank v. United States

FIELD, Chief Judge.

This case was submitted upon a stipulation between the plaintiff and the Government and, accordingly as I advised counsel at the hearing, I do not deem it necessary for me to make any definitive findings of fact. My conclusions of law will be stated herein and will be based upon the facts as stipulated. Based upon the stipulation, for the purposes of this opinion the facts may be briefly stated as follows:

The decedent, Small, died testate August, 4, 1953. He was a participant' in a pension plan set up by his employer, Libbey-Owens-Ford, which provided for retirement…