First National Bank of Janesville v. Nelson

GRUBB, District Judge.

This is an action for refund of estate taxes paid because a marital deduction was disallowed by the Internal Revenue Service. The legal issues are before the court on cross motions for summary judgment by the plaintiff and by the defendant, the parties having stipulated all facts and waived oral argument.

On April 12, 1946 Joseph A. Craig and Florence D. Hilborn entered into an ante-nuptial agreement. Under this agreement Florence D. Hilborn agreed to accept one-third of Craig’s net distributable estate or $100,000.00, whichever sum was smaller, in lieu of all rights she…