Legal Opinion

Estate of Gilchrist v. Commissioner

United States Tax Court

Decided October 11, 1977No. Docket No. 735-76Published

Decedent's husband died in 1960 and under his will after making specific bequests totaling $ 40,000, he bequeathed to his wife "the income the use and benefits with full rights to sell or transfer all the remainder of my property, both real and personal, so long as she may live, and at her death, any remainder of my estate not required for her use, shall be divided equally among" specific remaindermen.

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Decedent's husband died in 1960 and under his will after making specific bequests totaling $ 40,000, he bequeathed to his wife "the income the use and benefits with full rights to sell or transfer all the remainder of my property, both real and personal, so long as she may live, and at her death, any remainder of my estate not required for her use, shall be divided equally among" specific remaindermen. Decedent served as executrix of her husband's estate from the time of her qualification until Oct. 20, 1971, at which time she was legally declared a person of unsound mind and guardians of her…

1Opinion of the Court

Estate of Anna Lora Gilchrist, Deceased, Layland Myatt and Elizabeth Dearborn, Independent Executors, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Gilchrist v. Commissioner

Docket No. 735-76

United States Tax Court

69 T.C. 5; 1977 U.S. Tax Ct. LEXIS 40;

October 11, 1977, Filed

Decision will be entered under Rule 155.

Decedent's husband died in 1960 and under his will after making specific bequests totaling $ 40,000, he bequeathed to his wife "the income the use and benefits with full rights to sell or transfer all the remainder of my property, both real and personal, so long…

2Cases cited34 opinions

  1. Morgan v. CommissionerSupreme Court of the United States · 1940
  2. Helvering v. StuartSupreme Court of the United States · 1942
  3. Long v. KnoxTexas Supreme Court · 1956
  4. Nye v. BradfordTexas Supreme Court · 1946
  5. Huffman v. HuffmanTexas Supreme Court · 1960

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