Commissioner of Internal Revenue v. DOUGLASS'ESTATE

GOODRICH, Circuit Judge.

In 1935 the decedent,. Payson Stone Douglass, set up a trust for the benefit of his four children. Neither grantor nor beneficiaries were among the three trustees named. The settlor died in 1938. One of the children a-t that time was a minor. One paragraph of the trust instrument gave the trustees permission to apply the income of the minor’s share, to the extent that the trustees deemed advisable, for the maintenance, education and support of the minor. The Commissioner claims that one-fourth of the value of the corpus of the trust is to be included in the decedent’s…