Warner v. Commissioner of Internal Revenue

AUGUSTUS N. HAND, Circuit Judge.

Randolph S. Warner, a resident of Ohio, died on October 4, 1921, leaving two sons, one of whom, Randolph S. Warner, Jr., is the petitioner herein. He left a will whereby he bequeathed to his executors in trust his residuary estate to hold the same for five years and to pay over the net income monthly to his two sons share and share alike, or, in case of the death of either or both of them, to their heirs per stirpes. After the expiration of the five-year period he provided that the trust “shall terminate and cease, and all said rest and residue of my Estate, *…