Watkins v. Fly

WALLER, Circuit Judge.

On October 1, 1936, Richard IT. Green, a resident of Jackson, Mississippi, died, leaving a will in which he made certain bequests not here involved, and also undertook to devise the residuum of his estate to his executors, as trustees, for a charitable purpose.

The question presented is whether or not the estate is entitled to a deduction in Federal estate taxes, under Section 303 (a) (3) of the Revenue Act of 1926, 26 U.S.C.A. Int.Rev.Acts, page 234, of the value of the real estate attempted to be devised to charity where the State Constitution and Code provide that such…