Estate of Bagley v. United States

ORDER

GEORGE C. YOUNG, District Judge.

This cause comes on before the Court on plaintiff’s motion for summary judgment and defendant’s cross motion for summary judgment. Briefs of counsel having been received and argument having been heard the cause is now ready for determination.

The facts of the case are briefly that Raymond and Kirstine Bagley, husband and wife, were killed in an automobile accident under such circumstances that it could not be determined which survived. Mr. Bagley’s will created a testamentary trust for the benefit of Mrs. Bagley during her lifetime with a general…