Legal Opinion
First Trust Co. of St. Paul State Bank v. Reynolds
Court of Appeals for the Eighth Circuit
Decided August 13, 1943No. 12514PublishedCited by 15 opinions
1Opinion of the Court
JOHNSEN, Circuit Judge.
The question here is whether a bequest to charity, in order to be deductible for estate tax purposes under section 303(a) (3) of the Revenue Act of 1926, as amended, 1 and in force in 1937, must have a legal reality in the will, or whether it is sufficient if it ba possessed of a practical probability under the conditions of the will and is in fact effectuated by subsequent events outside the legal reach or mandate of the will.
The question arises in connection with the will and estate of the late Frank B. Kellogg, who was at one time Secretary of State in the Cabinet of…
2Cases cited11 opinions
- Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
- Humes v. United StatesSupreme Court of the United States · 1928
- Mississippi Valley Trust Co. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1934
- St. Louis Union Trust Co. v. BurnetCourt of Appeals for the Eighth Circuit · 1932
- Levey v. SmithCourt of Appeals for the Seventh Circuit · 1939
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Kasper v. KellarCourt of Appeals for the Eighth Circuit · 1954
- Delaney v. GardnerCourt of Appeals for the First Circuit · 1953
- Francis M. Cox, Jr., W. Bingham Cox and Robert M. Cox, Executors Under the Will of May Bingham Cox, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1961
- City National Bank and Trust Company of Columbus, Administrator W/w/a of the Estate of Bess M. Kelly, Deceased v. United StatesCourt of Appeals for the Sixth Circuit · 1963
- Commissioner of Internal Rev. v. MacAulay's EstateCourt of Appeals for the Second Circuit · 1945
10 more not listed; retrieve them via the Exa API.