Price v. Rothensies

KIRKPATRICK, District Judge.

This is an action to recover an alleged overpayment of federal estate tax upon the estate of Edward Martin, who died March 17, 1938. The case is now before the Court on motions by both parties for summary judgment on the pleadings altd supporting affidavits.

The decedent’s will created a trust, the income to be paid to three designated beneficiaries—cousins of his wife—during their lives, remainder to charities. The trustees were given power to invade the principal of the trust by the following provision: “I further authorize and direct my said trustees and the…