First National Bank in Palm Beach and Phillip D. O'connell, Co-Trustees of a Trust Created by the Will of Michael A. Kelly v. United States

TUTTLE, Circuit Judge:

This is a companion case with Florida National Bank at Lakeland, etc. v. United States, 443 F.2d 467 decided April 26, 5th Cir., 1971 and Miami Beach First National Bank, etc. v. United States, 443 F.2d 475 decided April 30, 5th Cir., 1971 in the sense that it deals with the allow-ability of a deduction from gross estate for estate tax purposes of a remainder to admitted charitable purposes in light of certain investment and management powers given to the trustees. The government claims these powers of investment and management authorized the trustees to invade the…