Legal Opinion

Union & Peoples Nat'l Bank v. Commissioner

United States Board of Tax Appeals

Decided July 25, 1934No. Docket No. 70456Published

In her will the decedent attempted to dispose of certain trust property in respect of which she had been given a power of appointment in the trust agreement. The state court of proper jurisdiction determined that the power of appointment was not properly exercised in accordance with the trust agreement and that the property in question did not pass by the attempted exercise of the power of appointment, but passed in accordance with the provisions of the trust agreement.

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In her will the decedent attempted to dispose of certain trust property in respect of which she had been given a power of appointment in the trust agreement. The state court of proper jurisdiction determined that the power of appointment was not properly exercised in accordance with the trust agreement and that the property in question did not pass by the attempted exercise of the power of appointment, but passed in accordance with the provisions of the trust agreement. Held, that the trust property did not pass under a general power of appointment exercised by the decedent by will and is not…

1Opinion of the Court

UNION & PEOPLES NATIONAL BANK OF JACKSON, A NATIONAL BANKING ASSOCIATION, AND E. B. ROBERTS, ADMINISTRATORS (WITH WILL ANNEXED) OF THE ESTATE OF EDITH M. DANCER, DECEASED, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Union & Peoples Nat'l Bank v. Commissioner

Docket No. 70456.

United States Board of Tax Appeals

30 B.T.A. 1277; 1934 BTA LEXIS 1196;

July 25, 1934, Promulgated

In her will the decedent attempted to dispose of certain trust property in respect of which she had been given a power of appointment in the trust agreement. The state court of proper jurisdiction determined…

2Cases cited2 opinions

  1. Freuler v. HelveringSupreme Court of the United States · 1934
  2. Union & Peoples National Bank of Jackson v. CommissionerUnited States Board of Tax Appeals · 1934

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