Legal Opinion

Central Hanover Bank & Trust Co. v. Commissioner

United States Board of Tax Appeals

Decided December 21, 1939No. Docket No. 91101Published

A, the mother of four sons, who were her only heirs at law, died testate. She created a testamentary trust of her residuary estate, the income of one-fourth share of which was to be paid to each of her sons during his life. By her will A gave to B a general power of appointment to dispose of the remainder of such trust property by will. A made no other provision for the disposition of such remainder. B exercised the power of appointment.

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A, the mother of four sons, who were her only heirs at law, died testate. She created a testamentary trust of her residuary estate, the income of one-fourth share of which was to be paid to each of her sons during his life. By her will A gave to B a general power of appointment to dispose of the remainder of such trust property by will. A made no other provision for the disposition of such remainder. B exercised the power of appointment. He appointed the four sons to take such remainder, subject to contingencies as follows: The surviving sons were to receive in equal shares the remainder of…

1Opinion of the Court

CENTRAL HANOVER BANK AND TRUST COMPANY AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF WILLIAM H. MORGAN, DECEASED, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Central Hanover Bank & Trust Co. v. Commissioner

Docket No. 91101.

United States Board of Tax Appeals

40 B.T.A. 1210; 1939 BTA LEXIS 740;

December 21, 1939, Promulgated

A, the mother of four sons, who were her only heirs at law, died testate. She created a testamentary trust of her residuary estate, the income of one-fourth share of which was to be paid to each of her sons during his life. By her will A gave to B a general…

2Cases cited11 opinions

  1. Helvering v. TaylorSupreme Court of the United States · 1935
  2. Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
  3. Burnet v. HoustonSupreme Court of the United States · 1931
  4. Dougherty v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1934
  5. Helvering v. GrinnellSupreme Court of the United States · 1935

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